Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

 

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

 

20 February 2007

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 27TH FEBRUARY 2007 AT 6:00 PM

 

 

1           Prayer & acknowledgement of local indigenous people

 

2           Apologies/Granting of leave of absences

 

3           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 12TH DECEMBER 2006.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

6.1                      

MAYOR'S MINUTE 1/2007 - MAYOR'S FUTURE CHAMPIONS FUND - REQUEST FOR FINANCIAL ASSISTANCE.

2

6.2                      

MAYOR'S MINUTE 2/2007 - REQUEST FOR WAIVING OF FEES FOR USE OF COOGEE BEACH FOR FILMING - TROPFEST FILM FESTIVAL.

3

6.3                      

MAYOR'S MINUTE 3/2007 - WAIVING OF FEES - MAROUBRA SURFERS ASSOCIATION, SOUTHEND BOARDRIDERS INC & SURFING NSW.

5

 

7           Director City Planning Reports

 

7.1                      

DIRECTOR, CITY PLANNING REPORT 5/2007 - 25-31 RAGLAN STREET, MALABAR.

7

7.2                      

DIRECTOR, CITY PLANNING REPORT 6/2007 - EXHIBITION OF DRAFT S94A DEVELOPMENT CONTRIBUTIONS PLAN.

43

 

8           General Manager's Reports

 

8.1                      

GENERAL MANAGER'S REPORT 1/2007 - DECEMBER 2006 QUARTERLY REVIEW - MANAGEMENT PLAN 2006-09.

48

8.2                      

GENERAL MANAGER'S REPORT 2/2007 - AFFIXING OF THE SEAL.

50

 

 

 

 

 

9           Director City Services' Reports

 

9.1                      

DIRECTOR, CITY SERVICES' REPORT 5/2007 - BLENHEIM PARK - PLAYGROUND UPGRADE.

53

9.2                      

DIRECTOR, CITY SERVICES' REPORT 6/2007 - RE-NAMING OF PART OF CHALLIS LANE, RANDWICK NORTH.

59

 

10         Director Governance & Financial Services' Reports

 

10.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 7/2007 -   COUNCILLORS' ACCESS TO INFORMATION & INTERACTION BETWEEN COUNCILLORS AND STAFF – POLICY.

62

10.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 8/2007 -   RECORDS MANAGEMENT POLICY & PROCEDURES FOR COUNCILLORS.

71

10.3                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 9/2007 -   CLOVELLY BOWLING & RECREATION CLUB PROPOSED BUILDING WORKS.

84

10.4                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 10/2007 -   COUNCILLORS' EXPENSES & FACILITIES POLICY.

86

10.5                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 11/2007 -   2006/2007 - BUDGET REVIEW AS AT 31 DECEMBER 2006.

108

 

11         Petitions

 

12         Motions Pursuant to Notice

 

12.1                      

Notice of Rescission Motion by Councillors Bastic, Procopiadis and White – Health, Building & Planning Committee - 13th February, 2007 - Item 6.7 – Development Application Report – 11 Liguria Street, Maroubra.

112

12.2

Notice of Rescission Motion by Councillors Hughes, Matson and Woodsmith – Health, Building & Planning Committee - 13th February, 2007 - Item 6.7 – Development Application Report – 147 Avoca Street, Randwick.

125

12.3

Motion By Councillor Belleli – Funding for kerb and guttering, Herbert Street, Malabar.

129

12.4

Motion By Councillor Belleli – Kerb and guttering, Willis Lane, Kingsford (along side Sydney Legacy).

129

12.5

Motion By Councillor Belleli – Pavement replacement, Matraville Town Centre.

129

12.6

Motion By Councillor Matson – Fostering Community Debate on local responses to Climate Change - Water Shortage and Peak Oil Production Issues.

130

12.7

Motion By Councillor Matson – Arden Street Retaining Wall.

130

12.8

Motion By Councillor Matson – Response to environmental impact of four wheel drive vehicles.

130

12.9

Motion By Councillor Matson – Follow up to Council submission on improved public transport such as light or standard light rail to the City.

130

12.10

Motion By Councillor Hughes – Code of Conduct – Monetary limit for donations.

131

 

 

 

 

 

 

 

13         Confidential Items (Closed Session)

 

13.1                      

DIRECTOR, CITY SERVICES' REPORT 7/2007 - SCHEDULE OF RATES TENDER FOR PERIOD SUPPLY OF INFRASTRUCTURE, PARKS, WASTE, CLEANING, RECYCLING, PLANT HIRE, MATERIALS, SERVICES AND SKILLS TENDER NO T023/2006.

132

 

 

14         Notices of Rescission Motions

 

 

 

…………………………………….

GENERAL MANAGER

 

 


MAYOR'S MINUTE 1/2007

 

 

 

SUBJECT:

MAYOR'S FUTURE CHAMPIONS FUND - REQUEST FOR FINANCIAL ASSISTANCE.

 

DATE:

7 February, 2007

FILE NO:

F2004/07396

 

 

REPORT BY:            MAYOR

 

INTRODUCTION:

 

Correspondence has been received from Mrs Deborah Zerbst advising Council that her daughter Victoria has been selected to represent Australia at the “International Future Problem Solving Program” competition in Colorado, USA in June 2007. Council has been asked to assist financially to cover the costs associated with attending this competition.

 

ISSUES:

 

The costs associated with allowing Victoria to attend this international competition are considerable and, as the family are long term residents of Randwick City, I believe support from Council is appropriate.

 

FINANCIAL IMPACT STATEMENT:

 

A donation under the Mayor’s Future Champions Fund of $300.00 has been allowed for in the 2006/07 budget.

 

CONCLUSION:

 

The Mayor’s Future Champions Fund was established in February 2006 to provide assistance to encourage sporting and academic excellence. This request meets the requirements to qualify for financial assistance under the terms of the fund.

 

RECOMMENDATION:

 

That Council donate $300.00 from the Mayor’s Future Champions Fund to help cover the costs involved in allowing Victoria Zerbst to represent Australia at the “International Future Problem Solving Program” competition in Colorado, USA in June 2007.

 

ATTACHMENTS:

 

Nil .

 

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 


 

MAYOR'S MINUTE 2/2007

 

 

 

 

SUBJECT:

REQUEST FOR WAIVING OF FEES FOR USE OF COOGEE BEACH FOR FILMING - TROPFEST FILM FESTIVAL.

 

 

DATE:

22 January, 2007

FILE NO:

F2004/07608

 

 

REPORT BY:            MAYOR    

 

INTRODUCTION:

 

Ms Renae Begent, a student from the School of Media Arts, University of New South Wales was given approval to film a short film for the Tropfest Film Festival at Coogee Beach on Wednesday morning, 3 January, 2007.

 

Ms Begent advises that the film was a “no budget” student film prepared for the Tropfest Film Festival and now seeks Council’s assistance in the waiving of associated fees.

 

ISSUES:

 

A letter has been received from Louis Pratt, Digital Media Lecture COFA – SOMA UNSW School of Art confirming that:-

 

           “Renae Begent is a student of mine in a digital media class at COFA UNSW in the School of Media Arts. Her film project is part of her studies and we are looking forwarded to seeing the finished project this coming semester.”

 

FINANCIAL IMPACT STATEMENT:

 

The financial impact to Council is $681.00 (filming fee and administrative fee) and funds are available from the 2006/2007 Contingency Fund.

 

CONCLUSION:

 

Given that student filming is part of Ms Begent’s studies and is a non for profit event, it is considered reasonable to waive the associated fees.

 

RECOMMENDATION:

 

That:

 

a)       Council assist UNSW student Renae Begent by waiving the fees associated with the student filming for the Tropfest Film Festival amounting to $681.00 and the funds be charged to the Contingency Fund 2006/07; and

 

b)       the film maker undertakes to appropriately and prominently acknowledge and promote Council’s contribution to the filming for the Tropfest Film.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 3/2007

 

 

 

 

SUBJECT:

WAIVING OF FEES - MAROUBRA SURFERS ASSOCIATION, SOUTHEND BOARDRIDERS INC & SURFING NSW.

 

 

DATE:

30 January, 2007

FILE NO:

F2004/08302

 

REPORT BY:            MAYOR    

 

 

INTRODUCTION:

 

An application has been received from Mr Mark Windon, Chief Executive Officer on behalf of  Surfing NSW, Maroubra  Surfers Association and Southend Boardriders Inc, to use Maroubra Beach to host their local boardriders competitions State Elimination Titles. 

 

ISSUES:

 

Mr Windon explained in his letter that the children that enter these competitions are all local children and it gives them the opportunity to enter a competition at an entry level stage.  The Southside Eliminations is a stepping stone for young hopefuls wishing to pursue surfing as a career.

 

Maroubra Surfers Association and Southend Boardriders Inc. are both non-profit organisations and Mr Windon is requesting that due to the nature of these events that the appropriate fees be waived:

 

Application Fee:                                                                 $   132.00

Amateur Sports Hire fee  x 17 days x $408.00 per day               $6,936.00

TOTAL                                     $7,068.00

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $7,068.00 which will be charged to the Contingency Fund 2006/07.

 

CONCLUSION:

 

It is considered that these events would be very beneficial to the local children in the community.

 

 

RECOMMENDATION:

 

That:

 

a)  fees in the amount of $7,068.00 associated with Surfing NSW, the Maroubra Surfers Association and Southend Boardriders Inc, be waived and funds be charged to the 2006/07 Contingency Fund;

 

b)  the event organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

c)  the Mayor or his representative be given the opportunity to address the events on behalf of Council.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 

 

 


 

Director, City Planning Report 5/2007

 

 

 

SUBJECT:

25 - 31 RAGLAN STREET, MALABAR

 

 

DATE:

14 February, 2007

FILE NO:

DA/1076/2006 & PROP040086 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for ground and first floor alterations and additions to the existing aged care facility to provide 62 high care resident bed spaces, a community day respite care centre and upgrading of access and parking area.

 

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

 

ATTACHMENT/S:

 

Development Application Report dated 9 February 2007.

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 February, 2007

FILE NO:

DA/1076/2006 & PROP040086

 

PROPOSAL:

 Ground and first floor alterations and additions to the existing aged care facility to provide 62 high care resident bed spaces, a community day respite care centre and upgrading of access and parking area.

PROPERTY:

 25-31 Raglan Street, Malabar

WARD:

 South Ward

APPLICANT:

 Sydney Anglican Home Mission Society

OWNER:

 Home Mission Society

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $5 million .

 

The subject application proposes alterations and additions to the existing residential care facility on the site to provide a total of 62 high care resident bed spaces, a new community day respite care centre and upgrade the existing car parking area to provide for a total of 18 car spaces.

 

The subject site is located on the south-eastern side of Raglan Street, with a south-western frontage to McGowen Avenue in Malabar and is currently occupied by the Chesalon Malabar nursing home which comprises a part one and part two storey building accommodating 47 high care beds, with ground level parking in the southwest of the site accessed from McGowen Avenue for 16 vehicles.

 

The subject site is an L-shaped allotment having a north-western frontage to Raglan Street of 37.185 metres, a south-western frontage to McGowen Avenue of 19.61 metres, a north-eastern boundary of 65.33 metres, a south-eastern boundary of 67.705 metres, and part south-western and north-western boundaries with residential properties fronting Raglan Street and McGowen Place of 45.76 metres and 30.505 metres respectively. The site has a total area of 3,028sqm.

 

The subject proposal has been lodged in accordance with State Environmental Planning Policy (Seniors Living) 2004 (SEPP 2004), which aims to provide housing of good design to meet the needs of seniors (people aged 55 years or more) or people with a disability. 

 

SEPP 2004 provides development standards relating to minimum allotment size and height, as well as development standards that cannot be used as grounds for refusal.  The latter relate to building height, density and scale, landscaped area, deep soil zones, private open space and parking. 

 

The proposal generally complies with the relevant standards of SEPP 2004 with the exception of minimum landscaped area per residential care facility bed. Whilst the proposed does not meet the numerical landscape area standard, the variation has been assessed and found acceptable as the landscape treatment proposed throughout the site will actually result in an increase of the quality and useability of the open space within the site when compared to what currently exists, and is seen as a positive outcome for both occupants and adjoining residences.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes alterations and additions to the existing part one and part two storey building to provide for a total of 62 high care resident bed spaces, a new community day respite care centre and upgrading the existing car park.

 

The details of the proposal are as follows:

 

Ground Floor

 

The existing ground floor will be upgraded throughout and additions proposed to be constructed in the south and southwest, with multiple wards becoming 30 resident rooms in 1 and 2 bedroom configurations and including a community day respite care centre. The existing open courtyard to the Raglan Street frontage is to be retained and improved.

 

First Floor

 

The proposed new first floor addition is located primarily within the existing building footprint with an addition towards the site’s south-eastern boundary. The proposed first floor will comprise a total of 62 resident bed spaces, with 32 one-bed resident rooms with private ensuite arranged in two clusters of 15 and 17 rooms, with a centrally located service node, lounge, dining, family dining, activity room and office.

 

Car Park

 

The existing car park, located in the rear southwest of the site and accessed from McGowen Avenue is to be upgraded and extended to accommodate 16 staff and visitor car parking spaces, a bus bay and ambulance/bus turning bay, with two further staff spaces being accommodated within the existing driveway and basement garage off the site’s Raglan Street frontage, totalling 18 spaces. Access for waste collection vehicles is to be maintained via the existing driveway off Raglan Street on the site’s south-western boundary, and the existing waste storage area formalised and enclosed so as to improve the amenity of the adjacent residential property.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the south-eastern side of Raglan Street, with a south-western frontage to McGowen Avenue. It is an L-shaped allotment having a north-western frontage to Raglan Street of 37.185 metres, a south-western frontage to McGowen Avenue of 19.61 metres, a north-eastern boundary of 65.33 metres, a south-eastern boundary of 67.705 metres, and part south-western and north-western boundaries with residential properties fronting Raglan Street and McGowen Place of 45.76 metres and 30.505 metres respectively. The site has a total area of 3,028sqm.

 

The subject site is currently occupied by the Chesalon Malabar nursing home which comprises a part one and part two storey building accommodating 47 high care beds, with ground level parking in the southwest of the site accessed from McGowen Avenue for 16 vehicles.

 

Adjoining the site to the northeast, southeast and in part to the southwest are residential development containing free standing single and two storey dwelling houses fronting Prince Edward Street, The Boulevarde, McGowen Avenue and Raglan Street. On the opposite sides of Raglan Street and McGowen Avenue are also single and two storey freestanding dwelling houses.

 

 

 

 

 

 

 

 

 

 

 

4.    SITE HISTORY

a.    HISTORY OF SITE USAGE

 

Application No.

Description

Decision

Date

DA/222/1970

Nursing home

Approved

15/12/1970

BA/978/1971

Nursing home

Approved

02/11/1971

BA/1045/1980

Alterations and additions to the existing nursing home.

Approved

01/01/1980

BA/25/1982

Renovate roof of the existing nursing home.

Approved

01/01/1982

DA/85/1992

Alterations and additions to the existing nursing home.

Approved

16/04/1992

BA/672/1992

Alterations and additions to the existing nursing home.

Approved

03/01/1992

BA/1166/1996

Alterations to the foyer area at nursing home.

Approved

04/03/1997

BA/1166/1996/A

Alterations to foyer area at nursing home.

Approved

06/01/1998

CDC/235/2001

Automatic fire protection

Approved

07/12/2001

 

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Council’s Development Control Plan for Public Notification of Development Proposals and Council Plans. As a result, three letters of support were received and no objection was raised.

 

 

5.1 Support

 

Three letters of support received from the following residents:

 

1)       James Smith of 62 Prince Edward Street, Malabar.

2)       Barry & Margaret Allen of 1 The Boulevarde, Malabar

3)       Keith & Gwen Borwick of 30 McGowen Avenue, Malabar

 

 

 

 

 

 

 

 

 

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1      Manager of Health, Building & Regulatory Services

 

6.1.1   Building Services Comment

 

“The Proposal

 

The application proposes alterations and additions to the existing part two storey, 47 place high care residential facility on the site to provide a total of 62 high care resident bed spaces and a new community day respite care centre.

 

The gross floor area of the proposed upgraded building is 3008sqm, comprising 1523sqm on the Ground Floor and 1485sqm on the First Floor, which corresponds to a FSR of 0.99:1. The total landscaped area provided is 1290sqm (including first floor planters) at 20.8sqm per bed space. The proposed building is a maximum of 6.0metres in height, as measured from ground level to the uppermost ceiling.

 

The proposed upgraded facility will comprise a total of 62 resident bed spaces, with 32 one-bed resident rooms with private ensuites to the new upper floor addition arranged in two clusters of 15 and 17 rooms, with a centrally located service node, lounge, dining, family dining, activity room and office.

 

The existing ground floor will be upgraded throughout and additions proposed to be constructed in the south and south west, with multiple wards becoming 30 resident rooms in 1 and 2 bed room configurations and including a community day respite care centre.

 

The existing open courtyard to the Raglan Street frontage is to be retained and improved.

 

The proposed new upper floor addition is located primarily within the existing building footprint with an addition towards the site’s southeastern boundary. Planters located on the north-eastern and south-western edges of the upper floor addition are proposed to provide horizontal privacy screening to the adjacent residences. The proposed windows on the south-eastern elevation are placed so that they look into the dense stand of trees located to the south-east and not over or into the adjacent residences or private yard areas.

 

The existing carpark, located in the rear southwest of the site and accessed from McGowen Avenue is to be upgraded and extended to accommodate 16 staff and visitor carparking spaces, a bus bay and ambulance/bus turning bay, with two further staff spaces being accommodated within the existing driveway and basement garage off the site’s Raglan Street frontage, totalling 18 spaces. Access for waste collection vehicles is to be maintained via the existing driveway off Raglan Street on the site’s south-western boundary, and the existing waste storage area formalised and enclosed so as to improve the amenity of the adjacent residential property.

 

BCA Building Classification

 

Class       -        9b  (Aged Care Facility)

 

Description of the Building

 

The proposed new additions are to be of concrete floor and brick masonry wall construction, matching the existing ground floor level of the building. The external finishes of the building will be in a combination of painted brick and facebrick, with painted fibre cement cladding proposed above first floor windows and to corner building elements. The proposed new roofing will be in colorbond metal, and new windows and glass doors powdercoated aluminium framed. Glazed balustrading is proposed to the front First Floor terrace. Proposed sunshades will be in pre-finished aluminium (refer to the materials and finishes schedule prepared by McFadyen Architects Pty Ltd submitted with the application).

 

Key Issues

 

Building Code of Australia (BCA):

 

Details of compliance with BCA and fire safety provisions are included in the DA documentation and therefore the information would need to be incorporated in the documentation for a construction certificate.

 

Site Management:

 

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.”

 

6.1.2   Environmental Health Comments

 

“Environmental Health comments

 

The proposal

 

The proposal consists of an application for alterations and additions to an existing nursing home, to provide an increase in size of the existing residential aged care facility.

 

The facility will cater for sixty two (62) resident rooms and will also incorporate stormwater recycling for use in irrigation and cistern flushing.

 

The site has been used as a Nursing Home since at least 1970, and a search of Council records shows no complaints have been received relating to the use of this property in this time.

 

Key Issues

 

Acoustics

 

The proposed works do not represent a large increase in intensity of use of the site. The site has been used as an Aged Care Facility since at least 1970 and no complaints have been received in relation to noise from the premises.

 

It is considered that the proposed alterations are unlikely to create a noise nuisance, standard noise conditions are to be included.

 

Legionella Control

 

As detailed in the Public Health Act the premises will be required to be registered with Council, as a warm water system will be installed.”

 

6.2      Development Engineer Comments

 

“Landscape Comments

 

There are a large number of both native and exotic tree species of varying size and condition within the site, some of which are covered by Council’s Tree Preservation Order and will be affected by the proposed development.

 

An Arborist Report prepared by Tree Wise Men, reference 1758, dated December 2006 and stamped received at Council on 11th December 2006 (“The Arborists Report”) has identified all trees within the site and on adjoining properties which have the potential to be impacted.

 

In the interests of consistency and ease of reference, the tree numbers used in this engineering report match up with those listed in the Arborist Report and as represented on the detailed landscape plan submitted by Zenith Landscape Designs.

 

While the Statement of Environmental Effects notes that strict compliance with the minimum requirements for landscaped area per resident as detailed in SEPP (Seniors Living) has not been achieved, the applicant maintains that the proposal still meets the objectives in that the quality of the landscape/open space to be provided will be of the highest order, and therefore, the assessing officer will need to make a determination on whether this departure is acceptable within the context of the application.

 

MCGOWEN AVENUE FRONTAGE

 

Within the site, along the western boundary, on either side of the existing vehicle crossing off McGowen Avenue, there are two insignificant Metrosideros excelsa (NZ Xmas Tree’s, trees 1 & 7 in the Arborists Report) of around 2-3 metres in height which should be removed to accommodate the proposed reconfigured and re-landscaped carpark as shown.

 

The site inspection confirmed that all other trees around the perimeter of this existing carpark, being trees 2-6, are too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), and therefore, should also be removed to allow more decorative and efficient screen planting to be provided in this area of the site, as has been indicated on the submitted landscape plan.

 

While the applicant has a common law responsibility to ensure any trees on neighbouring sites remain unaffected by such work, both the Callistemon viminalis (Bottlebrush, tree 8) within the front yard of the adjoining property to the south, 11 McGowen Avenue, close to the common boundary, and the Ficus benjamina (Weeping Fig, tree 9) within the front yard of the adjoining property to the north, 5 McGowen Avenue, close to the common boundary will remain unaffected given their small size and undeveloped root system, with protection measures not required.

 

The Syagrus romanzoffianum (Cocos Palm, tree 10), and Cinnamomum camphora (Camphor Laurel, tree 10) in the rear yard of 5 McGowen Avenue, in the southeast corner of this property, against the common boundary, should remain largely unaffected as the works proposed in this area of the subject site consist of only new planting.

 

However, minimal protection measures will be required in order to prevent damage to both the eastern side of the Camphor Laurels’ root plate and canopy during excavation/construction works, with retention required due to that the fact this tree performs an important screening and privacy function between the two properties.

 

There are two Sapium sebiferum (Chinese Tallowoods, trees 13-14) as well as a variety of other shrubs/small trees of between 2-4 metres along the western boundary in this area of the site, which despite contributing to screening and shading, are all too small to be covered by the provisions of Council’s TPO, and should be removed in order to facilitate the provision of more desirable and decorative planting and associated landscape works in this area of the site as has been shown on the submitted landscape plan.

 

The largest and most dominant tree in this immediate area is a Liquidambar styraciflua (Liquidambar, tree 15), of approximately 7 metres in height, with multiple leaders existing from around 1.5 metres above ground level, with leaf burn to the northern side of its canopy also noted.

 

While not considered to be the most desirable specimen in such a location due to its invasive and aggressive root system and close proximity to the existing building, structural damage was not evident at the time of inspection.

 

Regardless, it does appear in overall reasonable condition, is covered by Council’s TPO, and is deemed appropriate for retention as part of this proposal in order to maintain reasonable levels of environmental amenity in this area, particularly given the fact that all smaller specimens surrounding this tree will be removed.

 

Specific protection measures have been included in this report in order to ensure an appropriate level of care is taken during any excavations associated with the ground level landscape works, as well as permission being granted for the selective and minimal pruning of branches from the eastern side of its canopy to avoid conflict/damage during construction of the proposed first floor, and is not considered to threaten the health or longevity of the specimen.

 

Although located close to the common boundary, tree 17, a small Melaleuca within the rear yard of 3 McGowen Avenue, would remain unaffected by demolition of the existing brick shed given its small size, with conditions relating to it not required and not included in tis report.

 

RAGLAN STREET FRONTAGE

 

Beyond the northwest corner of the existing building, there are a group of four Archontophoenix cunninghamiana (Bangalow Palms, tree group 19) all of approximately 4 metres in height which while being covered by the provisions of the TPO, are not deemed significant specimens due to their small size and wind damage sustained to their fronds which detracts from their aesthetic contribution.

 

While the Arborist has recommended that they be transplanted elsewhere within the site, Council will not require such an action due to the low success rate of this species for such a process, as well as the fact they could be easily replaced with the same or similar species which would attain similar dimensions in a relatively short period of time, with conditions requiring that they be removed and replaced with suitable species on an amended plan, in keeping with the proposed landscape scheme.

 

Immediately to the northwest, there is one Melaleuca bracteata (Black Tea Tree, tree 18) of only around 5 metres in height which does not warrant a redesign of the proposed pump room and reconfigured pedestrian entry and garden area as shown given that other more desirable trees in this area of the site will be retained, combined with the amount of new planting that is proposed, with consent for its removal included in this report.

 

Further again to the north, fronting onto Raglan Street, there is one Agonis flexuosa (Willow Myrtle, tree 21) of around 4 metres in height and 4 metres in width which appears in good condition and provides a positive contribution to both the site and streetscape given its attractive broad, and pendulous canopy.

 

Council requires its retention as has been shown on both the landscape plan and in the Arborists Report, with protection measures provided in order to prevent damage to its root system from excavations associated with the re-constructed internal hardstand and associated landscape works, with a more suitable clearance required between its trunk and the proposed stormwater line indicated for this area.

 

Minimal under pruning appears likely in order to provide suitable access for the installation of new planting beneath its canopy, with a specific condition included to ensure that the amount undertaken is minimal to maintain its existing habit.

 

To its east, within the existing paved courtyard, there is one Eucalyptus nicholii (Willow Peppermint, tree 24) of approximately 6 metres in height with a canopy spread of around 5 metres.

 

While its dimensions warrant protection under the TPO, it appears in poor health and condition due to the main lateral leader which was growing near ground level to the north having been previously removed back to the trunk, and has heavily affected its stability due to the subsequent un-balanced canopy and trunk leaning to the north, which increases the risk of failure (wind-throw) in strong southerly directed winds.

 

While presenting an established canopy to the street, it is recommended that this tree be removed irrespective of the proposed works given its high risk potential and short useful life expectancy, with conditions in this report provided to this effect on the basis that a suitable broad canopied replacement which will attain similar dimensions is provided in this area of the site.

 

Still within this courtyard area, further to the east, there is one Metrosideros excelsa ‘Variegata’ (Variegated NZ Xmas Tree, tree 29) of around 5 metres in height which appears in only average condition, and is deemed not to provide any worthwhile contribution to the site.

 

Despite being shown for retention on the submitted documentation, conditions in this report require that it be removed and replaced with a more desirable specimen which will serve the long term amenity of the site and streetscape.

 

Surrounding this tree, there is a stand of Archontophoenix cunninghamiana (Bangalow Palms, trees 25-28) of around 4-6 metres in height which appear in reasonable condition and are covered by the TPO.

 

While generally considered resilient to the effects of excavation/disturbance, it would not be worthwhile attempting to incorporate them into the new scheme, with transplanting not required for the same reasons outlined earlier in this report. Therefore, conditions in this report require that they be removed subject to implementation of the planting plan as shown.

 

On Council’s Raglan Street nature strip, to the west of the existing vehicle crossing, there is one small Acacia saligna (Wattle, Tree 22) which while not being affected by the proposed works, will still need to be removed to enable more appropriate replacement species to be provided along this frontage (at the applicant’s cost), in keeping with existing plantings elsewhere in this street, as stipulated by Council’s Street Tree Masterplan.

 

At the northeast corner of the site, there is one small Frangipani (tree 30) of around 3 metres in height which is too small to be covered by the TPO, but should remain unaffected by the proposed works, with conditions not included in this report.

 

EASTERN & SOUTHERN COMMON AREAS

 

Further to the south of the tree describe above, along the eastern boundary, there is one Melaleuca quinquinervia (Broad Leafed Paperbark, tree 31) of approximately 6 metres in height which is covered by the TPO and provides informal screening and privacy between this site and the rear yard of the adjoining property to the east.

 

While in reasonable condition, sucker growth is prevalent as a result of previous heavy pruning in order to provide a suitable clearance away from the existing building. While works at ground level will not threaten this tree, the plans indicate that the proposed first floor (and associated scaffolding during the course of construction) will encroach within the western side of its canopy, necessitating pruning to avoid damage.

 

Providing the relevant protection measures which have been listed in this report are adhered to during the course of works, this tree will be able to be retained as an existing site feature.

 

The variety of shrubs/small trees along the rest of the eastern boundary, comprising trees 32-35, are all too small to be covered by the TPO, and while they provide visual and acoustic screening between the subject site and adjoining properties to the east, they shall be removed in order to accommodate new landscape treatment along the length of this boundary which will achieve a similar function to what exists currently.

 

In the southeast corner of the site, there is one Callistemon salignus (White Bottlebrush, tree 36) of approximately 5 metres in height which appears in reasonable condition, and provides an effective informal screen between this site and the adjoining property to the southeast.

 

Only minimal landscaping is proposed in this area of the site, and therefore retention will be feasible through the implementation of only basic measures so that this specimen is allowed to establish to maturity.

 

Immediately to its west, along the southern boundary, there is one Jacaranda mimosifolia (Jacaranda, tree 37) of approximately 5 metres in height which appears only in average condition, with multiple leaders emerging from ground level. Council would not object to its removal to accommodate the proposed works as shown, on the basis that replacement planting is undertaken along this boundary.

 

Further to the west again, there is one Brachichyton acerifolius (Flame Tree, tree 38) of approximately 6 metres in height which appears in reasonable condition due to past storm damage/pruning, as well as several poorly developed branch unions and is covered by the provisions of Council’s TPO.

 

This is considered a desirable native specimen due to its prominent and attractive flower displays during the summer months, and would incorporate well with the proposed planting scheme given that several more of this species are proposed for use throughout the site.

 

The only threat posed to its longevity is damage to the northern side of its root plate from excavations associated with installation of the proposed sub-surface stormwater line; however, providing the Arborist is present on site to supervise excavations and any root pruning if necessary, retention of this tree will be aceivable, with conditions to facilitate this included in this report.

 

Further to the west, the variety of shrubs/small trees being 39-40 & 42, are all too small to be covered by the provisions of Council’s TPO, and as none of these are considered significant specimens which are worthy of retention, they should be replaced with species which will maintain a vegetative buffer in this area of the site. 

 

Still along this boundary, tree 41, Callistemon viminalis (Bottlebrush) and tree 43, Eucalyptus robusta (Swamp Mahogany) are shown for retention within the proposed boundary garden bed; however, the site inspection revealed that neither are significant specimens, with this officer’s view being that they should be replaced with new trees which are in keeping with the proposed planting scheme, as this would more effectively serve the long term interests of the site and occupants than the existing specimens.

 

There is one small Melaleuca stypheloides (Prickly Leafed Papebark) of around 5 metres in height which is too small to be covered by the TPO, and is not deemed a significant specimen which is worthy of retention, with permission for its removal listed in this report.

 

To the west of the tree described above, there is another group of Archontophoenix cunninghamiana (Bangalow Palms, trees 44 & 45) which have been identified for use in an alternative location within the site by transplanting. However, as described earlier in this report, such a costly and time consuming process is not required as advanced replacements could achieve the same size and function in a short period of time, and as such, shall be removed as part of site works.

 

Any other specimens identified on either the landscape plan or Arborists Report but not referred to in this engineering report were recognized as being too small to be covered by the provisions of Council’s TPO, with comments/conditions relating to them therefore not required as they can be removed without the consent of Council.

 

Parking Comments

 

The existing facilities include an aged care centre with 47 beds and a carpark area. The proposed works will result in a development sized to contain 62 high care bed spaces as well as an aged respite day care centre and a reconfigured carpark and garage area to provide 18 car spaces, a mini bus parking bay and turning area and an ambulance bay.

 

As stated in the submitted Traffic and Parking Report by Masson Twiney Wilson dated 7 December 2006, the proposed parking is in accordance with both Council’s DCP – Parking and SEPP Seniors Living. (Note: This is based on the applicant’s statement that visitors to the proposed respite day care centre are to be dropped off to the site and collected each day by the site mini bus, hence utilising only the mini bus parking provided on the site and not contributing to the overall parking demand).”

 

7.    MASTER PLANNING REQUIREMENTS

 

The total site area (3,028sqm) is less than required for the submission for a master plan (4,000sqm).

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

·    Environmental Planning and Assessment Act, 1979, as amended.

·    Environmental Planning and Assessment Regulation 2000

·    State Environmental Planning Policy (Seniors Living) 2004

·    Randwick Local Environmental Plan 1998

·    Building Code of Australia

 

9.    ENVIRONMENTAL ASSESSMENT

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

9.1      Randwick Local Environmental Plan 1998

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 (RLEP 1998) and ‘housing for older people or people with disability” is a prohibited form of development. Accordingly, the proposed development is permissible with Council’s consent only under the provisions of State Environmental Planning Policy (Seniors Living) 2004.  As such the clauses of the RLEP 1998 relating to landscaped area (Clause 31), floor space ratios (Clause 32) and building heights (Clause 33) do not apply.  Instead State Environmental Planning Policy (Seniors Living) 2004 provides development standards relating to minimum allotment size and height, as well as development standards that cannot be used as grounds for refusal (refer to Section 9.2 below).

 

9.2      State Environmental Planning Policy (Seniors Living) 2004

 

“Seniors” are defined in SEPP 2004 as “people aged 55 years or more”, while people with a disability are “people of any age who, as a result of an intellectual, physical, psychiatric or sensory impairment, either permanently or for an extended period, have substantially limited opportunities to enjoy a full or active life”. 

 

The application proposes “seniors housing” (residential accommodation that is, or is intended to be used permanently for seniors or people with a disability) in the form of “residential care facility”.

 

A “residential care facility” is defined in SEPP 2004 as “a residential accommodation for seniors or people with disability that includes: (a) meals and cleaning services, and (b) personal care or nursing care, or both, and (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care, not being a dwelling, hostel, hospital or psychiatric facility.

 

Seniors housing is limited to the following:-

 

a)    seniors or people with a disability

b)    people who live within the same household with seniors or people with a disability,

c)    staff employed to assist in the administration of and provision of services to housing provided by SEPP 2004.

 

Council is required by SEPP 2004 to impose a condition on any consent restricting the occupation of the premises to those types of people specified above. Accordingly an appropriate condition of consent is contained within the Recommendation of this report.

 

Aims

 

State Environmental Planning Policy (Seniors Living) 2004 aims to encourage the provision of housing that will:-

 

a)      increase the supply and diversity of residences that meets the needs of seniors or people with a disability, and

b)      make efficient use of existing infrastructure and services, and

c)      be of good design.

 

In order to achieve the above listed aims, SEPP 2004 sets aside local planning controls and in their place puts its own site related requirements, design principles and development standards. 

 

9.2.1   Site related requirements

 

Location and access to facilities

 

Clause 25 of SEPP 2004 relates specifically to the location of the site and access to facilities including shops, banks and other retail and commercial services that residents may reasonably require, along with community services and recreation facilities and the practice of a general medical practitioner.

 

Subclause 2 of Clause 25 states that access complies if the above mentioned facilities and services are either:-

 

a)      located at a distance of not more than 400m from the subject site and is subject to an overall gradient of 1:14 along the distance or increased gradients for specified distances, or

b)      there is a public transport service available to the future residents (available at least once between 8am and 12pm and once between 12pm and 6pm, Monday to Friday), which is not more than 400m from the subject site and which will take those residents to a place not more than 400m from the relevant facilities or services.

 

The subject site contains an existing nursing home facility, which has been established since 1972. The proposed upgraded facility will have benefit of use of a village bus providing access to shopping and other external activities for the residents. A regular serviced bus stop is located nearby on the corner of Prince Edward and Raglan Streets with an accessible suitable gradient footpath existing. It should be further noted that there is a new medical store room proposed on the centre of the ground floor level and a registered nurse for each floor during day time and one for the whole facility at night. For these reasons, it is considered that the proposal meets the relevant requirements specified above.

 

9.2.2   Design Principles

 

Clause 30 of SEPP 2004 states that a consent authority must not consent to a development application unless it is satisfied that the proposed development demonstrates that adequate regard has been given to the design pricinples set out under Clauses 31 to 37.

 

Clause 31 of SEPP 2004 relates to neighbourhood amenity and streetscape. The surrounding neighbourhood consists of a range of single residential allotment building forms including single storey cottages and 2 storey large dwellings with lower level garages. The proposed building has been designed to maintain reasonable neighbourhood amenity by providing appropriate building setbacks to reduce bulk and overshadowing and adopting building heights at the street frontage to maintain the consistency in scale with adjacent development. For these reasons, it is considered that the proposal satisfies the requirements of this clause.

 

Clause 32 relates to visual and acoustic privacy.  The proposal has been designed to maintain a reasonable level of visual and acoustic privacy for the residents of subject and adjoining premises. The proposed first floor planters to the north-eastern and south-western edges of the building will restrict overlooking of the adjacent residential properties from windows and the north-eastern terrace of the proposed new upper level addition. In addition, the existing trees along the south-eastern boundary will be retained to ensure residential privacy is maintained.

 

Clause 33 relates to solar access and design for climate. The shadow diagrams submitted with the application demonstrate that reasonable and compliant levels of solar access will continue to be maintained to the adjacent residential properties.

 

Clause 35 relates to crime prevention. The orientation of the building and location of entries permits passive observation of site activity and subsequent passive crime prevention.

 

Clause 36 relates to accessibility. The pedestrian entry from Raglan Street frontage and vehicle driveways servicing the facility are separated and designed to ensure appropriate safety of pedestrians visiting the facility. Further, the courtyards for residents to exercise are separated from the front access and entry area.

 

Clause 37 relates to waste management. The existing waste storage room in its current location will be upgraded with servicing to be better managed with appropriate programming.   

 

 

 

9.2.3   Development standards to be complied with

 

Clauses 38 and 81 of SEPP 2004 provide development standards applicable to the proposal.  Clause 38 provides standards with respect to size and height which the proposed development must achieve compliance with in order for Council to grant consent.  As well, Clause 81 of SEPP 2004 provides standards which cannot be used to refuse development consent for self contained dwellings if the development achieves compliance.  These relate to building height, density and scale, landscaped area, deep soil zones, private open space and parking.  Figure 4 below provides a compliance table for both sets of standards under Clauses 38 and 81 of SEPP 2004.  Where variation to the standard is proposed, it is discussed in further detail in the main body of the report:-

 

Figure 4: Development standards

 

Part 4 – Development standards to be complied with

Clause No.

Requirement

Provided

Compliance

38 (2) – Site size

   1,000 m2 (min)

3,089m2

Yes

38 (3) – Site frontage

   20m (min) measured at the building line

   30m

Yes

38 (4) - Height

   8m (max) overall

   2 storeys (max) adjacent to a boundary

   m (max)

   2 storeys

 

Yes

Part 7 – Development standards that cannot be used as grounds to refuse consent

Clause No.

Requirement

Provided

Compliance

79(a) – Building Height

   8m (max)

7.8m (max)

Yes

79(b) – Density and scale

   FSR is r less

0.99:1

Yes

79(c) – Landscaped Area

   Minimum of sqm of landscaped area per residential care facility bed

17.34 sqm per bed.

No. See Assessment Below.

79(d) – Parking for residents and visitors

   1 space for each 10 dwellings in the residential care facility

   1 space for each 2 persons to be employed

   1 space for an ambulance

A total of 18 spaces are provided including a space for ambulance/bus.

Yes

 

Clause 79(c) - Landscaped Area

 

The proposed development will provide approximately 1,075sqm of landscaped area (i.e. excluding terrace area at first floor level), which corresponds to 17.34 sqm per bedspace, which does not comply with the numerical standard under Clause 79(c) of SEPP 2004 (i.e. 25 sqm of landscaped area per bed space).

 

DIPNR’s “A Guide for Councils and applicants – Housing for seniors or people with a disability (may 2004)” notes that the “landscape standard of 25 sqm per bed, i.e. a standard that cannot be used to refuse consent, is not a minimum standard per se, that must be met. It is possible and reasonable for consent to be given to facilities that have less than 25 sqm per bed landscaped area if they take other issue such as streetscape and impact on neighbours into account.

 

As noted previously, the landscaped plan submitted with the application indicates that a suitable and appropriate mix of predominately native plants will be provided on the site which will maintain an acceptable level of environmental amenity, and will also assist with the integration of the proposed development into streetscape and adjoining residences.

 

It is considered that while strict compliance with the numerical standard has not been achieved, the landscape treatment proposed throughout the site will actually result in an increase of the quality and useability of the open space within the site when compared to what currently exists, and is seen as a positive outcome for both occupants and adjoining residences. For these reasons, the variation to the numerical landscaped area standard is reasonable and should be supported by Council.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

10.1    Outcomes 

 

Outcome 2: A vibrant and diverse community - The proposal will provide additional housing services for a specific target group being Seniors/Older People/People with disability that will enhance the quality of life of this group.

 

Outcome 6: A liveable City - The proposal will promote diversity in housing types in the City through the provision of Seniors Living accommodation.

 

10.2    Directions and Actions

 

Direction 2b & associated key action: Enrich our range of community services that meet our community needs - The proposal will increase the range of housing services for Seniors and Older People in Randwick City.

 

Direction 6e & associated key action: Housing diversity, accessibility and adaptability to support our diverse community is enhanced - The proposed development will assist in maintaining the diversity of housing in the Randwick City area by augmenting the existing stock of aged housing in the City.

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The proposal generally complies with the relevant standards of SEPP 2004 with the exception of minimum landscaped area per residential care facility bed. Whilst the proposed does not meet the numerical landscape area standard, the variation has been assessed and found acceptable as the landscape treatment proposed throughout the site will actually result in an increase of the quality and useability of the open space within the site when compared to what currently exists, and is seen as a positive outcome for both occupants and adjoining residences.

 

The proposal will not have a significant impact on surrounding properties and design of the development will not be visually intrusive or bulky and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The proposal satisfies the relevant assessment criteria and may be approved subject to appropriate conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/1076/2006 for ground and first floor alterations and additions to the existing aged care facility to provide 62 high care resident bed spaces, a community day respite care centre and upgrading of access and parking area at 25-31 Raglan Street, Malabar subject to the following conditions:

 

1.     The development must be implemented substantially in accordance with the plans numbered 563DA-01a to 563DA-06a, dated December 2006 and stamped received by Council on 11 December 2006, the application form and on any supporting information received with the application, except as may be amended by the following conditions:

 

2.     The colours, materials and finishes of the external surfaces to the building are to be consistent with that indicated in the external finishes accompanying the subject development application and received by Council on 11 December 2006.

 

3.     Detailed drawings and specifications shall be provided with the construction certificate application demonstrating compliance with the standards concerning access and useability for residential care facilities under Commonwealth aged care accreditation standards. Certification of compliance of the plans and specifications with the requirements of Commonwealth aged care accreditation standards by a qualified and experienced aged care certification consultant shall be provided to the certifying authority prior to the issue of the construction certificate.

 

4.     In accordance with the provisions of State Environmental Planning Policy (Seniors Living) 2004 only seniors (people aged 55 years or more) or people who have a disability or people who live within the same household with seniors or people who have a disability may occupy dwellings in the development.

 

5.     There must be no encroachment of the structure/s onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

6.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

Regulatory

 

7.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

8.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

9.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

10.    Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)        appoint a Principal Certifying Authority for the building work, and

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

iii)       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

iv)      give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

11.    The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

12.    A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·        name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·        name, address and telephone number of the Principal Certifying Authority,

·        a statement stating that “unauthorised entry to the work site is prohibited”.

 

13.    An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

        An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

14.    Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

 

15.    In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

        Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA):

 

a)  has been informed in writing of the licensee’s name and contractor number; and

b)  is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

        Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority:

 

1)  has been informed of the person’s name and owner-builder permit number, or

2)  has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

16.    The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

        At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Fire safety

 

17.    In accordance with clause 94 of the Environmental Planning and Assessment Regulation 2000 the fire safety upgrading works specified in the report prepared by David Blackett from Blackett Maguire and Associates Pty Ltd dated 7 December 2006 that accompanied the application being  incorporated in the plans for a Construction Certificate. The works are to be completed prior to the issue of an Occupation Certificate and all new works must comply with all relevant provisions of the Building Code of Australia.

 

18.    A coloured works-as-executed fire services plan is to be submitted to the Council and posted in a conspicuous location in the entry foyer prior to occupation of the development, which shows the location of the essential fire safety measures installed within the building premises.

 

19.    Upon completion of the fire safety upgrading works and prior to the issuing of an occupation certificate, a single, complete fire safety certificate is to be submitted to Council. A copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (i.e. entrance area) and a copy must be forwarded to the NSW Fire Brigades, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

Structural adequacy

 

20.    A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

21.    A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the,

 

a)       building

b)       external balconies

c)       balustrading & handrails to the external balconies [and stairway]

 

Construction site management

 

22.    Demolition work  and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly          the Environment Protection Authority) and Randwick City Council policies and          conditions, including:

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

·       Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

·       WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                  Australian Standard 2601 (2001) – Demolition of Structures

·                  The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·                  Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·                  Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

23.    In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

·                A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

·                A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

·                Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

·                On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

·                A certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

24.    Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

         

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

25.    Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

26.    Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

         

a)   The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

b)   A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

c)   Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

d)   Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

e)   During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)    Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding must be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

g)   Temporary fences or hoardings or the like are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

h)   The public safety provisions and temporary fences or hoardings must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

i)    If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

Amenity

 

27.    Toilet facilities are to be available for patrons and staff at all times and adequate signage is to be provided accordingly. Toilet facilities must be maintained in a clean and sanitary condition at all times.

 

Access and facilities for people with disabilities

 

28.    Access and toilet facilities for people with a disability are to be provided for patrons and staff, in accordance with Parts D3 & F2 of the Building Code of Australia & AS1428.1 (as applicable). Details are to be included in the construction certificate.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

29.    The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

30.    The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises. The installation of rainwater tanks and greywater treatment systems shall comply with the following noise control requirements:-

 

a)   The operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)   Plant and equipment associated with rainwater tank(s) and greywater treatment systems are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)   The operation of plant and equipment associated with the rainwater tank(s) and greywater treatment systems are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·      before 8.00am or after 8.00pm on weekends or public holiday; or

·      before 7.00am or after 8.00pm on weekdays.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

31.    The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

32.    Warm water systems must be designed, installed and maintained in accordance with the requirement of the Public Health Act 1991 (Part 4 Microbial Control) and Regulations.  The air handling system cooling tower must be designed, installed and operated in accordance with the relevant requirements of AS/NZS 3666.1 (2002), AS/NZS 3666.2 (2002) and AS/NZS 3666.3 (2000).

 

Details of compliance must be provided with the construction certificate application.Waste water from warm water systems are to be discharged to the sewer under a Trade Waste Agreement from Sydney Water.

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

33.    Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

b.    Reconstruct the concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in McGowan Avenue.

 

34.    The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

35.    The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

Alignment Level Conditions

 

The following conditions are applied to provide adequate provisions for future civil works in the road reserve:

 

36.    The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·         20mm above the back of the concrete footpath at all points opposite the kerb, along the full site frontage.

 

37.    The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

38.    The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

39.    A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

40.    The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Drainage Conditions

 

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

 

41.    Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

42.    Stormwater runoff from the redeveloped portion of the site shall be discharged either:

 

·                  To the kerb and gutter along the site frontage by gravity (without the use of a charged system); OR

 

·                  Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

·                  To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

Prior to the use of infiltration in rear draining lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

43.    Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

44.    Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

45.    All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

Landscape Conditions

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

46.    Landscaping at the site shall be installed substantially in accordance with the Landscape Plan prepared by MG of Zenith Landscape Designs, drawing number 06-1963, sheets 1-4, dated November 2006 and stamped received at Council on 11th December 2006, subject to the following amendments being shown on an amended plan which shall be submitted to the satisfaction of the certifying authority, prior to the issue of a construction certificate:

 

a.       A site plan clearly showing those trees (and correlating number references) which are to be either retained or removed, as stipulated by this development consent.

 

b.       A planting schedule listing only those species to be used at the site, pot sizes for all proposed plants, the estimated size of the plants at maturity (height & spread), and proposed maintenance practices such as topiary, hedging etc which are applicable to the form or function of the landscape design.

c.       In order to reduce the amount of stormwater generated by the site, as well as to recharge groundwater supplies, areas of porous paving should be maximized for any hard surfacing.

d.       In order to permit the establishment of landscaping on top of all detention tanks and sub-surface ground stormwater systems, a minimum soil cover of 600mm shall be provided.

 

e.       In order to maintain an acceptable level of environmental amenity both within the site and between adjoining properties, a minimum number of the following shall be provided in the locations specified;

 

i)     An additional 2 x 25 litre (pot size at the time of planting) trees (not palms) along the eastern boundary, in the area currently occupied by trees 33 & 34 as identified on the submitted landscape plan, using those species which will attain a minimum height of 4 metres at maturity.

 

ii)    An additional 2 x 25 litre (pot size at the time of planting) trees (not palms) along the southern boundary, to the west of existing tree number 38 as identified on the submitted landscape plan, using those species which will attain a minimum height of 6 metres at maturity.

 

iii)   An additional 2 x 75 litre (pot size at the time of planting) feature trees (not palms) within the internal paved courtyard fronting Raglan Street, using those species which will attain a minimum height of 6 metres at maturity.

 

47.    Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and a copy forwarded to Council if Council is not the PCA) prior to the issuing of a final occupation certificate, which confirms that the landscape works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent.

 

48.    That part of the naturestrip upon Council's Raglan Street or McGowen Avenue footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Management

 

49.    The applicant shall submit a total payment of $429.00 (including GST) to Council,

 

a.       Being the cost for Council to supply and install a total of 4 x 25 litre street trees, Eucalyptus haemastoma (Scribbly Gums) along the Raglan Street frontage at the completion of all works, comprising one to the east of the most eastern existing vehicle crossing, and three evenly spaced between both existing vehicle crossings ($390.00 + GST).

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

Upon completion of all site works, the applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for the planting of these street trees.

 

NOTE: Prior to the issue of a final occupation certificate, the applicant will be required to remove (at their cost) the small, existing Acacia saligna (Wattle, tree 22 on the submitted landscape plan) on the Raglan Street nature strip, between both existing vehicle crossings, in order to facilitate new street tree plantings along this frontage as detailed in this condition.

 

Tree Management

 

50.    The applicant shall remove the following trees to accommodate the proposed site works, as well as to facilitate the proposed landscape treatment, on the basis that landscaping throughout the site will be installed substantially in accordance with the landscape plan which is approved by the certifying authority for the construction certificate application:

 

(NOTE; a site plan showing those trees which are to be removed or retained/protected shall be provided for the construction certificate application, refer Landscape Conditions)

 

a)     The various existing shrubs around the perimeter of the existing carpark fronting onto McGowen Avenue, being trees 1-7, as shown on the submitted landscape plan, as they are all too small to be covered by Council’s Tree Preservation Order (TPO).

 

b)     Two Sapium sebiferum (Chinese Tallowoods, trees 12-13) and one Melia azederach (White Cedar, tree 14) along western boundary, beyond the rear boundary of 5 McGowen Avenue, as they are in conflict with the proposed works and are all too small to be covered by the TPO.

 

c)     The group of four Archontophoenix cunninghamiana (Bangalow Palms, tree group 19), beyond the northwest corner of the existing building to accommodate the proposed pump room and reconfigured pedestrian entry and garden area. Transplanting will not be required as suitable replacements could replicate their size and function within a relatively short period of time.

 

d)     One Melaleuca bracteata (Black Tea Tree, tree 18) immediately to the northwest of the group of palms described above, due to its small size and to being in direct conflict with the proposed works.

 

e)     One Eucalyptus nicholii (Willow Peppermint, tree 24) at the northwest corner of the existing internal paved courtyard fronting onto Raglan Street, due to poor form and structure as a result of past pruning.

 

f)      One Metrosideros excelsa ‘Variegata’ (Variegated NZ Xmas Tree, tree 29) at the northeast corner of the existing internal paved courtyard, due to average condition, as well as to facilitate more desirable replacement plantings.

 

g)     The stand of Archontophoenix cunninghamiana (Bangalow Palms, trees 25-28) at the northeast corner of the existing internal paved courtyard due to being in direct conflict with the proposed works. Transplanting is not required as detailed earlier in this report.

 

h)     The variety of shrubs/small trees along the eastern boundary, comprising trees 32-35, as they are all too small to be covered by the TPO, with replacement planting seen as more appropriate for the long term amenity of the site.

 

i)      One Jacaranda mimosifolia (Jacaranda, tree 37) along the southern boundary, due to average form, as well as to facilitate more desirable and suitable replacements.

 

j)      Further to the west, still along the southern boundary, the variety of shrubs/small trees being 39-43, to allow for replacement planting in this area of the site which is keeping with the overall landscape scheme. 

 

k)     One small Melaleuca stypheloides (Prickly Leafed Papebark, tree 44) along the southern boundary, adjacent the eastern edge of the eisting carpark area, due to its small size and conflict with the proposed ground floor terrace.

 

l)      The group of Archontophoenix cunninghamiana (Bangalow Palms, trees 44 & 45), to the west of the tree described above, due to conflict with the proposed works. Transplanting is not required as detailed earlier in this report.

 

51.    Prior to the physical commencement of any site works, details, to the satisfaction of the certifying authority, shall be submitted, showing that a suitably qualified and professional Arborist (minimum qualification of Certificate 4 in Arboriculture), who is a registered member of a nationally recognized organisation, has been engaged to both supervise and perform all site works which have the potential to impact those trees listed for retention and protection in this development consent. All site staff will be required to comply with the instructions, either written or verbal, given by the site Arborist during the course of the proposed works.

 

52.    All pruning must only be undertaken by the site Arborist, to the requirements of Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

53.    Upon completion of all site works, and prior to the issue of a final occupation certificate, the site Arborist shall submit a brief written statement, to the satisfaction of the certifying authority (with a copy forwarded to Council, if Council is not the PCA) confirming that all works relating to trees were performed in accordance with the relevant conditions listed in this development consent.

 

54.    Permission is granted for the selective and minimal pruning of only those overhanging branches from the eastern side of the Liquidambar styraciflua (Liquidambar, tree 15 in the Arborist Report prepared by Tree Wise Men, reference 1758, dated December 2006 and stamped received at Council on 11th December 2006, “The Arborists Report”) located in the rear yard of 5 McGowen Avenue, close to the common boundary, which need to be removed in order to avoid damage/conflict during the course of the proposed works.

 

55.    This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner prior to undertaking such work.

 

56.    Permission is granted for the minimal and selective under-pruning of only those lower growing branches from the Agonis flexuosa (Willow Myrtle, tree 21 in the Arborists Report), located near the northwest corner of the site, fronting onto Raglan Street, in order to provide sufficient clearance for the installation of planting and associated works, with the amount of pruning not to substantially affect the existing broad, pendulous canopy which is a desirable characteristic of this specimen.

 

57.    Permission is granted for the minimal and selective pruning of only those branches from the western side of the Melaleuca quinquinervia (Broad Leafed Paperbark, tree 31 in the Arborists Report) located along the eastern boundary, beyond the northeast corner of the existing dwelling, which need to be removed in order to avoid damage/conflict during the course of the proposed works.

 

 

Tree Protection Measures

 

58.    In order to ensure the retention of the Cinnamomum camphora (Camphor Laurel, tree 11 in the Arborists Report) located in the rear yard of 5 McGowen Avenue, close to the common boundary, in good health, the following measures are to be undertaken:

 

a.     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble beneath the extent of its canopy which overhangs the common boundary.

 

c.     Any excavations required for footings, structures, pipes, paving etc beneath the extent of its dripline shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 50mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

59.    In order to ensure the retention of the Liquidambar styraciflua (Liquidambar, tree 15 in the Arborists Report) located in good health, the following measures are to be undertaken:

 

a.     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble beneath the extent of its canopy which overhangs the common boundary.

 

c.     Any excavations required for footings, structures, pipes, paving etc beneath the extent of its dripline shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 50mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

d.     In order to preserve soil moisture content as well as prevent compaction of the soil profile, woodchip mulch to a depth of 75mm shall be maintained beneath the extent of its dripline for the duration of the proposed works, and shall be provided once the existing surfacing in this area has been removed.

 

60.    In order to ensure the retention of the Agonis flexuosa (Willow Myrtle, tree 21 in the Arborists Report) located at the northwest corner of the site, fronting onto Raglan Street in good health, the following measures are to be undertaken:

 

a)        All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b)        The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 2 metres off the northern, western and southern sides of its trunk, matching up with the courtyard fence to the east of its trunk, to completely enclose the tree.

 

c)        This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as planting beneath its canopy is taking place, with the words “TREE PROTECTION ZONE", "DO NOT ENTER", clearly displayed.

 

d)        Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e)        Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the sub-surface stormwater line proposed to the west of its trunk being maintained a minimum distance of 3 metres from the outside edge of its trunk.

 

f)         Any excavations required for footings, structures, pipes, paving etc within 3.5 metres of the outside edge of its trunk shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 50mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

g)        In order to preserve soil moisture content as well as prevent compaction of the soil profile, woodchip mulch to a depth of 75mm shall be maintained within the fenced off area for the duration of the proposed works.

 

61.    In order to ensure the retention of the Melaleuca quinquinervia (Broad Leafed Paperbark, tree 31 in the Arborists Report) located along the eastern boundary, beyond the northeast corner of the existing dwelling in good health, the following measures are to be undertaken:

 

a)     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b)     The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 2 metres off the western side of its trunk, as well as a minimum distance of 3 metres off the northern and southern sides of its trunk, matching up with the existing boundary fence to its east, to completely enclose the tree.

 

c)     This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as planting beneath its canopy is taking place, with the words “TREE PROTECTION ZONE", "DO NOT ENTER", clearly displayed.

 

d)     Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e)     Any excavations required for footings, structures, pipes, paving etc within 3.5 metres of the outside edge of its trunk shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 50mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

f)      In order to preserve soil moisture content as well as prevent compaction of the soil profile, woodchip mulch to a depth of 75mm shall be maintained within the fenced off area for the duration of the proposed works.

 

62.    In order to ensure the retention of the Callistemon viminalis (Weeping Bottlebrush, tree 36 in the Arborists Report) located in the southeast corner of the site in good health, the following measures are to be undertaken:

a)     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b)     The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 2 metres off the northern and western sides of the outside edge of its trunk, matching up with the eastern and southern boundaries respectively, to completely enclose the tree.

 

c)     This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as planting beneath its canopy is taking place, with the words “TREE PROTECTION ZONE", "DO NOT ENTER", clearly displayed.

 

d)     Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e)     Any excavations required for footings, structures, pipes, paving etc within 2 metres of the outside edge of its trunk shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 20mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

f)      In order to preserve soil moisture content as well as prevent compaction of the soil profile, woodchip mulch to a depth of 75mm shall be maintained within the fenced off area for the duration of the proposed works.

 

63.    In order to ensure the retention of the Brachychiton acerifolius (Flame Tree, tree 38 in the Arborists Report) located about halfway along the southern boundary in good health, the following measures are to be undertaken:

a)     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b)     The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 1.5 metres off the northern side of the outside edge of its trunk, as well as a minimum distance of 2.5 metres off the western and eastern side of the outside of its trunk, matching up with the southern boundary, to completely enclose the tree.

 

c)     This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as planting beneath its canopy is taking place, with the words “TREE PROTECTION ZONE", "DO NOT ENTER", clearly displayed.

 

d)     Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e)     Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the sub-surface stormwater line proposed to the north of its trunk being maintained a minimum distance of 3 metres from the outside edge of its trunk.

 

f)      Any excavations required for footings, structures, pipes, paving etc within 3.5 metres of the outside edge of its trunk shall be initially undertaken by hand by the site Arborist, with any roots with a diameter of 50mm or greater which need to be removed to be cut cleanly by hand, dressed with “eco-matting” or a similar alternative, and the affected area backfilled as soon as practically possible.

 

ADVISORY MATTERS:

1.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

You are also advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

2.       The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In         this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

3.       The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 

 

 


 

Director, City Planning Report 6/2007

 

 

 

SUBJECT:

EXHIBITION OF DRAFT S94A DEVELOPMENT CONTRIBUTIONS PLAN

 

 

DATE:

13 February, 2007

FILE NO:

F2006/00093

 

 

REPORT BY:            DIRECTOR, CITY PLANNING         

 

 

EXECUTIVE SUMMARY:

 

A Draft s94A Development Contributions Plan for Randwick City Council has been prepared, applying a percentage levy to new developments, consistent with the recent State legislative changes.

 

This report seeks Council’s endorsement that the Draft s94A Plan be exhibited and consultation undertaken to seek public feedback and submissions in accordance with the Environmental Planning and Assessment Act (“the Act”).

 

BACKGROUND:

 

A report to MANEX on the 14 March 2006 outlined changes to the application of s94 of the Act which commenced on 6 May 2005, allowing a new percentage levy to be applied as an alternative to the traditional s94 nexus approach, and enabling Council to review and update the current s94 Development Contributions Plan.

 

Council, following a report to the Ordinary Council Meeting of 25 August 2006, endorsed proceeding with the preparation of a new s94A Development Contributions Plan based on a 1% levy on the costs of new developments. Council also resolved at that time to exclude from the levy class 10 buildings and structures, complying development and developments where construction costs are under $50,000.

 

The Minister of Planning, on the 13 November 2006, introduced a number of changes to the types of development for which NSW Councils can apply the percentage levy under s94A of the Act. The changes required the current Draft s94A Plan to be revised to comply with the Minister’s determination.

 

The changes announced by the Minister which took effect as of 1 December 2006 are as follows:

 

 

 

 

 

 

 

The required changes, in accordance with the Minister’s direction (Attachment 1) have now been incorporated into the Draft Plan (Attachment 3).

 

ISSUES:

 

Estimated s94A Revenue.

 

The previous report to Council noted a financial impact breakdown comparing existing s94 nexus based Contributions Plan with contributions likely to be achieved under a s94A Plan. The current S94 Plan averaged, over the past 5 years, approximately $1.84 Million per year in contributions. In comparison, the expected contributions under the S94A levy was estimated at approximately $4.5 Million per year.

 

Given the Minister’s Direction and resulting changes to the application of the S94A, the expected contributions levy has been recalculated and is now anticipated to be approximately $2.5 Million per year. This remains significantly higher than the s94 contributions being received under the current s94 nexus Plan and confirms the overall benefits for public facilities provision and thus for continuing with the s94A approach.

 

Draft s94A Plan

 

The Draft Plan provides for a total approximately of $36 Million of works (see the Schedule of Works in the Draft Plan, Attachment 3). This is based on the expected s94A revenue each year over the next 10 year period and taking into consideration of expenditure of existing s94 reserves.

 

The Draft s94A Plan is structured according to the Department of Planning’s template and guidelines. It sets out the application of s94A, the procedures to be followed, alternatives such as planning agreements, and exemptions as per the Minister’s Direction and continuing the exemptions from the current s94 Plan, such as public buildings, and charitable and religious organisations.

 

The Schedule of Works is based on the Randwick City Plan’s 5 themes and its key directions for public facilities. It provides for a wider range of public facilities than provided for in the current Plan and also focuses on a number of major projects across the City, as identified in the City Plan. The new or upgraded public facilities are to be located across the City.

 

The funding for the specific works will be determined and exhibited in Council’s Annual Management Plan and Capital Works Budget. Works will be allocated throughout the City and in accordance with the objectives of the Randwick City Plan.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 2:    A Vibrant and diverse Community

Direction 2b:  Enrich our range of community service that meet our community’s needs

Direction 2d:  New and upgraded community facilities that are multi purpose and in accessible locations

 

Outcome 6:    A Liveable City

Direction 6a:  Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

FINANCIAL IMPACT STATEMENT:

 

Preparation of the S94A Plan has been largely in house, based on 3 days per week for a S94 planner over 12 months and approximately $25,000 for an expert peer review, charged from the S94 budget.

 

CONCLUSION:

 

The s94A Plan will provide a clear, simple, efficient and equitable means of levying development contributions, and offers greater flexibility for use of the revenue and prompt application to a range of public facilities.

 

The Draft Plan has been peer reviewed by a S94 expert and is considered to meet all the legislative requirements.

 

The exhibition period is scheduled to occur in March /April 2007 for the required statutory 28 day period. Consultation will occur consistent with the consultation strategy noted in the previous report to Council (Attachment 2).

 

 

RECOMMENDATION:

 

That Council endorse the Draft s94A Plan to be publicly exhibited in accordance with the Environmental Planning and Assessment Act.

 

ATTACHMENTS:

 

1. Minister's Direction

2. Consultation Strategy

3. Draft S94A Development Contributions Plan - under separate  cover.

 

 

 

……………………….                                     …………………………..

SIMA TRUUVERT                                    TARA MULHOLLAND

DIRECTOR, CITY PLANNING                      S94 PLANNER

 


 

ATTACHMENT 1.

 

Environmental Planning and Assessment Act 1979

 

DIRECTION UNDER SECTION 94E

 

I, the Minister for Planning, under section 94E of the Environmental Planning and Assessment Act 1979 (“the Act”), direct consent authorities that:

 

(1)      The maximum percentage of the levy for development under section 94A of the Act, having a proposed cost within the range specified in the Table to Schedule A, is to be calculated in accordance with that Table.

(2)      Despite subclause (1), a levy under section 94A of the Act cannot be imposed on development:

 

a)  for the purpose of disabled access,

b)  for the sole purpose of affordable housing,

c)  for the purpose of reducing the consumption of mains-supplied potable water, or reducing the energy consumption of a building,

d)  for the sole purpose of the adaptive reuse of an item of environmental heritage, or

e)  other than the subdivision of land, where a condition under section 94 of the Act has been imposed under a previous development consent relating to the subdivision of the land on which the development is proposed to be carried out.

 

In this direction words and expressions used have the same meaning as they have in the Act.  The term “item” and “environmental heritage” have the same meaning as in the Heritage Act 1977.

 

This direction does not apply to development applications and applications for complying development certificates finally determined before 1 December 2006.

 

FRANK SARTOR, M.P.,

Minister for Planning,

Sydney.

SCHEDULE A

 

 

Proposed cost of the development

 

Maximum percentage of the levy

 

Up to $100,000

 

Nil

 

$100,001 - $200,000

 

0.5 percent

 

More than $200,000

 

1.0 percent

 


 

ATTACHMENT 2

 

Tool

Time frame

Comments

 

 

 

Report to Council

February 07

 

Exhibition of Plan:

On Web

At Libraries

Administrative Centre

March/April 07

 Minimum of 28 days

Explanatory leaflet

On Web

At Libraries and Administrative Centre

Direct mail to chambers and precinct committees

 Printed March 07

Draft text completed March 07

Advertisement in Regarding Randwick

March/April 07

Draft to Communications by March 06

Mayor’s Column

March/ April

Draft to Communications by 28 February 07

Information workshop

March/April

Details determined by April 07

Web page with downloads:

plan

leaflet

response sheet

Upload April 07

Web page April 07

Response sheet:

paper

on line

in leaflet

Finalised May 07

Draft complete May 07

Final report to council

May/June 07

 

 

 

 

 

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 1/2007

 

 

 

SUBJECT:

DECEMBER 2006 QUARTERLY REVIEW - MANAGEMENT PLAN 2006-09

 

 

DATE:

12 February, 2007

FILE NO:

F2006/00339

 

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

The purpose of this Report is to update Councillors and the community on the implementation of the 2006-09 Management Plan.

 

ISSUES:

 

This is the December 2006 Quarterly Review of the 2006-09 Management Plan. Under the Local Government Act 1993, there is the requirement that a Report must be provided after the end of each quarter, detailing the extent to which performance indicators and targets set by Council’s Management Plan have been achieved during the quarter.

 

The Report is set out in two main sections, the first being a list of key achievements for the quarter. The second outlines progress against the actions in the Management Plan, tabled for each Department and according to the Outcomes of the Randwick City Plan.

 

Over the next 6 months an innovative management planning tool, OutcomeManager, will be implemented at Randwick City Council. Implementation of the tool will bring Council’s planning and reporting processes in line with current best practice, as well as significantly improve the presentation of the Quarter Report information.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1: Leadership in Sustainability

Direction 1a: Council has a long term vision based on sustainability

Direction 1d:  Continuous improvement based on accountability, transparency and good governance.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

 

CONCLUSION:

 

The purpose of the December Quarter Report is to inform and update Council and the community on the progress of all actions as set out in the adopted Management Plan 2006-2009.  In addition, given that the Management Plan is based on the 20 year Randwick City Plan the December Quarter Report also provides a level of accountability against our long term vision for the City of Randwick.

 

RECOMMENDATION:

 

That the information contained in the report of the December 2006 Quarterly Review, 2006-09 Management Plan be received and noted.

 

 

ATTACHMENT/S:

 

December 2006 QTR Review report, 2006-09 Management Plan - UNDER SEPARATE COVER.

 

 

 

 

 

.....................................

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 2/2007

 

 

SUBJECT:

AFFIXING OF THE SEAL

 

 

DATE:

23 November, 2006

FILE NO:

F2004/06336

 

 

REPORT BY:            GENERAL MANAGER    

 

 

INTRODUCTION:

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and:

 

1.  Kindaburra Pty Ltd T/As Kindaburra Childrens Centre in relation to a lease of land adjoining 1 Jersey Lane, Matraville for use as a children’s play area and vehicular access.

2.  Warong Laungtawatkul (T/As Ummarin Thai Restaurant) in relation to a licence for the purpose of outdoor dining at 66 Perouse Road, Randwick.

3.  The Trustees of the Roman Catholic Church for the Archdiocese of Sydney – Marcellin College Randwick in relation to a deed of agreement for use of the irrigation system at Heffron Park playing fields.

4.  The Randwick & District Historical Society in relation to a licence agreement for the use of the Level 2 office at Bowen Library, 669-673 Anzac Parade, Maroubra Junction.

5.  Omega Environmental Pty Ltd in relation to a licence agreement for the use of Office 1, Level 3 at Bowen Library, 669-673 Anzac Parade, Maroubra Junction.

6.  Hua Lan Lou (T/As Hakata Japanese Restaurant) in relation to a licence for the purpose of outdoor dining at 51 McKeon Street, Maroubra.

7.  George Mavrocordatos (T/As Café on Parade) in relation to a licence for the purpose of outdoor dining at 765A Anzac Parade, Maroubra.

8.  Nancy Faraj (T/As Lebanon & Beyond) in relation to a licence for the purpose of outdoor dining at 187 Alison Road, Randwick.

9.  Helen Ablett & Andrew Damianos (T/As The Pool Café) in relation to a licence for the purpose of outdoor dining at 94 Marine Parade, Maroubra.

10. Roger Wjsong (T/As Meeks Café) in relation to a licence for the purpose of outdoor dining at 2-4 Meeks Street, Kingsford.

11. Pasquale Stramandinoli (T/As Seahorse Seafood) in relation to a licence for the purpose of outdoor dining at 26 St Pauls Street, Randwick.

12. Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of quasi industrial/commercial purposes directly servicing the development site at 125-125A Boyce Road, Maroubra at the rear of 127 Boyce Road, Maroubra.

13. Frank Flick of Almost Artic Pty Ltd in relation to a lease over the garage at 6 Barrett Place, Randwick.

14. Gordons Bay Amateur Fishing & Sea Rescue Club Inc. in relation to a licence for the purpose of conducting an amateur fishing club & volunteer sea rescue operation at 1R Major Street, Coogee.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 7:    A Liveable City that Balances Growth and Change,

 

Direction 7f:   Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

FINANCIAL IMPACT STATEMENT:

 

In signing of these agreements, Council will receive the following income:

 

1.         A commercial lease agreement for part of road reserve adjoining 1 Jersey Lane, Matraville, will generate an annual income of $2,500.00 + GST.

2.         A licence agreement with Warong Laungtawatkul (T/As Ummarine Thai Restaurant) will generate an annual income of $1,821.60 + GST.

3.         A Deed of Agreement for the use of the irrigation system at Heffron Park playing fields will result in a 33% contribution from the College towards the cost of repairs, maintenance and upgrade of the irrigation system.

4.         A licence agreement with The Randwick & District Historical Society will generate an annual income of $100 + GST.

5.         A licence agreement with Omega Environmental Pty Ltd will generate an annual income of $3,600 + GST.

6.         A licence agreement with Hua Lan Lou (T/As Hakata Japanese Restaurant) will generate an annual income of $1,483.50 + GST.

7.         A licence agreement with George Mavrocordatos (T/As Café on Parade) will generate an annual income of $967.50 + GST.

8.         A licence agreement with Nancy Faraj (T/As Lebanon & Beyond) will generate an annual income of $2,834.95 + GST.

9.         A licence agreement with Helen Ablett & Andrew Damianos (T/As The Pool Café) will generate an annual income of $12,142.05 + GST.

10.       A licence agreement with Roger Wjsong (T/As Meeks Café) will generate an annual income of $1,851.00 + GST.

11.       A licence agreement with Pasquale Stramandinoli (T/As Seahorse Seafood) will generate an annual income of $1,518.00 + GST.

12.       A licence agreement with Europa Construction Solutions will generate an annual income of $27,732.00 + GST.

13.       A lease agreement with Frank Flick of Almost Artic Pty Ltd will generate an annual income of $1,800.00.

13.       A licence agreement with Gordons Bay Fishing & Sea Rescue Club Inc. will generate an annual income of $1,907.92 + GST.

 

 

CONCLUSION:

 

As per Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

 

RECOMMENDATION:

 

That authority be granted for the Council’s Common Seal to be affixed to the agreements between Council and:

 

1.  Kindaburra Pty Ltd T/As Kindaburra Childrens Centre in relation to a lease of land adjoining 1 Jersey Lane, Matraville for use as a children’s play area and vehicular access.

2.  Warong Laungtawatkul (T/As Ummarin Thai Restaurant) in relation to a licence for the purpose of outdoor dining at 66 Perouse Road, Randwick.

3.  The Trustees of the Roman Catholic Church for the Archdiocese of Sydney – Marcellin College Randwick in relation to a deed of agreement for use of the irrigation system at Heffron Park playing fields.

4.  The Randwick & District Historical Society in relation to a licence agreement for the use of the Level 2 office at Bowen Library, 669-673 Anzac Parade, Maroubra Junction.

5.  Omega Environmental Pty Ltd in relation to a licence agreement for the use of Office 1, Level 3 at Bowen Library, 669-673 Anzac Parade, Maroubra Junction.

6.  Hua Lan Lou (T/As Hakata Japanese Restaurant) in relation to a licence for the purpose of outdoor dining at 51 McKeon Street, Maroubra.

7.  George Mavrocordatos (T/As Café on Parade) in relation to a licence for the purpose of outdoor dining at 765A Anzac Parade, Maroubra.

8.  Nancy Faraj (T/As Lebanon & Beyond) in relation to a licence for the purpose of outdoor dining at 187 Alison Road, Randwick.

9.  Helen Ablett & Andrew Damianos (T/As The Pool Café) in relation to a licence for the purpose of outdoor dining at 94 Marine Parade, Maroubra.

10. Roger Wjsong (T/As Meeks Café) in relation to a licence for the purpose of outdoor dining at 2-4 Meeks Street, Kingsford.

11. Pasquale Stramandinoli (T/As Seahorse Seafood) in relation to a licence for the purpose of outdoor dining at 26 St Pauls Street, Randwick.

12. Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of quasi industrial/commercial purposes directly servicing the development site at 125-125A Boyce Road, Maroubra at the rear of 127 Boyce Road, Maroubra.

13. Frank Flick of Almost Artic Pty Ltd in relation to a lease over the garage at 6 Barrett Place, Randwick.

14. Gordons Bay Amateur Fishing & Sea Rescue Club Inc. in relation to a licence for the purpose of conducting an amateur fishing club & volunteer sea rescue operation at 1R Major Street, Coogee.  

 

 

 

ATTACHMENT/S:

 

Nil

 

.....................................

GENERAL MANAGER

 

 

 

 


 

 

Director, City Services' Report 5/2007

 

 

 

SUBJECT:

BLENHEIM PARK - PLAYGROUND UPGRADE

 

 

DATE:

14 February, 2007

FILE NO:

F2005/00098

 

 

REPORT BY: DIRECTOR, CITY SERVICES      

 

INTRODUCTION:

 

Randwick City Council has resolved to build a new playground for children and young people in Blenheim Park, Coogee and has included funds for this project in the Capital Works budget. Council has a policy of providing shade cover in children’s playgrounds and a shade structure is part of this project.

 

After issues about location of the playground and size of the Shade Structure were raised from community consultations in 2005 and in 2006, the Landscape Designers reviewed three possible sites in the park for the location of the playground and assessed each site against set criteria. They also redesigned and modified the shade structure for the playground.

 

Council held a public exhibition inviting the community to provide comment on the three possible sites. By the end of the exhibition, Council received several letters from residents in support of the proposed playground location.

 

After this review it is proposes to maintain the playground in the centre of the park as this site has the least impact on the surrounding area and provides the most benefit to residents and playground users.

 

BACKGROUND:

 

As part of its 2005-06 Capital Works Budget, Council allocated $140,000 for a new playground for children and young people in Blenheim Park, Coogee. Funds for a shade structure were included in this budget consistent with Council policy.

 

Council undertook community consultations on the proposed new playground in 2005 and 2006, including letter box drops and site meetings. A number of supportive and helpful comments and suggestions were received from residents during this consultation. Council also received a petition dated 12 July 2006 from 14 residents with some concerns about the proposal.

 

Council’s Works Committee resolved at its meeting of 8 August 2006 in response to the issues raised, that:

 

(a)    this matter be deferred to allow for further community consultation on all relevant issues, for council’s outdoor architects to draw up new plans and for a new development application to be lodged for the children’s playground;

(b)    such playground to be located where it will have the least impact on views yet still retain the shade structure; and

(c)    this development application to come back to Council.

 

In response to the above resolution, Council staff:

 

It is now proposed that the playground be located in the centre of the park (Attachment 1). This site will have the least impact on the surrounding area and give most benefit to residents and playground users. The modification of the shade structure ensures that there little or no impact on residents’ views (Attachment 2).

 

Since the Committee Report in August 2006 Council has consulted with residents by writing to each resident who has made comment through the community consultation process, by distributing the attached leaflet (Attachment 1) and by placing the proposed new playground details on public exhibition.

 

The public exhibition was held for community comment from 28 November to 12 December 2006. At the close of the public exhibition, Council received three letters in support of the proposed playground.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 5:         Excellence in recreation and lifestyle opportunities.

 

Direction 5b:       Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

 

CONCLUSION:

 

It is proposed to have the playground in the centre of the park as this site will have the least impact on the surrounding area and give the most benefit to residents and playground users.

 

Council has proceeded with design and documentation phase of the playground. It is anticipated that construction of the playground will be complete by June 2007.

 

An appropriate Community Consultation was undertaken for the location of the new playground and the needs of the broader community met. It therefore it seems appropriate to undertake the playground upgrade works as currently designed.

 

There will be further opportunities for nearby residents to comment on the design for the shade structure when the development application is lodged. This will occur in early March 2007.

 

RECOMMENDATION:

 

That the playground at Blenheim Park be constructed in accordance with the current design.

 

 

 

 

 

ATTACHMENT/S:

 

1.  Leaflet showing site map and site assessment.

2.  Plan of the proposed playground and shade structure, with montage.

 

 

 

 

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

HAYLEY SEGEDIN

DIRECTOR CITY SE RICES

LANDSCAPE ARCHITECT

 

 

 



 

 

 

 

 

 


Blenheim Park Playground

 

Randwick City Council has resolved to build a new playground for children and young people in Blenheim Park, Coogee and has included funds for this project in its Capital Works budgets. Council has a policy of providing shade cover in children’s playgrounds and a shade structure is part of this project.

 

Following on from community consultations in 2005 and earlier this year, Council reviewed three possible sites in the park, redesigned and modified the shade structure for the playground, and then assessed each site against set criteria. The results of these assessments are set out overleaf.

 

Council proposes having the playground in the centre of the park (site 3 in the map overleaf) as this site will have the least impact on the surrounding area and give the most benefit to residents and playground users.

 

Community comment

The plans for the new playground are on public exhibition for comment until 12 December 2006. Your comments and suggestions on any improvements to the proposals are welcomed.

 

Comments clearly headed “Blenheim Reserve Playground Upgrade” can be made by emailing general.manager@randwick.nsw.gov.au or by writing to the General Manager, Randwick City Council, 30 Frances Street, Randwick 2031. All comments must be received by the close of business on Tuesday 12 December 2006.

 

There will be further opportunities to comment when the Development Application for the shade structure is exhibited.

 

Further information

You can see the designs at:

  Council’s Customer Service Centre, 30 Frances Street Randwick, between 8.30am and 5.00pm Monday to Friday

 

  Council’s Libraries during Library hours - Bowen Library, 669-673 Anzac Parade Maroubra; Randwick Library, Level 1 Royal Randwick Shopping Centre Randwick;

 

  Council’s website at www.randwick.nsw.gov.au

 

If you would like further information on the proposed playground upgrade, please call the Council’s Landscape Design Team on 9399 0915.

 

 



 

Director, City Services' Report 6/2007

 

 

SUBJECT:

RE-NAMING OF PART OF CHALLIS LANE, RANDWICK NORTH.

 

 

DATE:

3 January, 2007

FILE NO:

F2004/07140

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES   

 

 INTRODUCTION:

 

Council at its meeting held on 28 November, 2006, resolved on the Motion of the Mayor Councillor Tracey that:

 

“in accordance with the guidelines of the Geographical Names Board

 

 a)    Council advertise in the local paper the proposal to name the laneway  (now Challis Lane) situated alongside No. 23a Earl Street down to its outlet adjacent to No. 56 Clovelly Road Power Lane and invite interested parties to make written submissions with their views of the suggested name in keeping with the history of the area;

 

b)     Council notify the Geographical Names Board and other relevant public authorities of the proposal; and

 

c)     a report be brought back to Council after the closing date of all submissions.”

 

ISSUES:

 

In accordance with Council’s resolution, an advertisement was placed in the “Southern Weekly Courier” advising that Council is considering re-naming part of Challis Lane in Randwick North to Power Lane, to acknowledge a local family’s contribution to the area over many years and interested parties were invited to comment on the proposal. Closing date for submissions was Monday 5th February, 2007.

 

Council also notified the Geographical Names Board and other relevant public authorities of the proposal and placed details of the proposal on the Customer Service Centre and Council’s Libraries Information Notice Boards.

 

By the closing date, three (3) submissions were received.

 

Mr Bob Davis for Division Manager, Information Sourcing, Department of Lands which reads as follows:

 

          “The name has been reviewed under the Geographical Names Board guidelines for the naming of roads and as it is derived from a preferred source, i.e. local history there is no objection to its use.

 

My only concern with the use of the name is that there is a Powell Lane at Coogee and while the proposed names do not represent duplication under the guidelines and so no official objection can be raised. Council may wish to consider the possibility that the similarity of the two names may lead to confusion in Emergency Service situations where the correct name and/or suburb may not be able to be adequately communicated given the emergency involved and the stress with which the people involved in emergencies have to cope”.

 

Mr R Gallagher of 24 Earl Street, Randwick writes to support the renaming as follows:

 

          “The contribution of the Power Family have been made to the area in so many different ways is indeed worthy of recognition, I presume you have considerable historical details to support this proposal so I will not restate them. There is a village friendly atmosphere around the area of Randwick North and the Power Family have played a significant part in the creation of this ambience.

 

The proposed change would also eliminate the confusion, which presently exists because Challis Street is located between Wentworth and Earls Streets, but Challis Lane extends from Wentworth Street across Earl Street and meanders on part Castle Street to Clovelly Road. In my opinion the proposal is a good idea and should be implemented.”

 

Mrs Valda Wright of 110 Carrington Road, Randwick writes “inter alia:’

 

          “I have just read in the “Southern Courier” about changing Challis Lane to Power Lane. I would be proud to see the name Power Lane in our area”.

 

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 3: An informed and engaged community - our community will be participating in shaping of our City.

 

Outcome 6: A liveable City - we will proactively plan and manage change for the benefit of our community.

 

Outcome 7: Heritage that is protected and celebrated – local history and cultural heritage is recognised, known, preserved and celebrated.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

It is considered that the naming of Power Lane at Randwick North would not cause confusion with Powell Lane in Coogee and that the proposed re-naming be given Council’s concurrence.

 

 

 

 

RECOMMENDATION:

 

That:

 

a)  the re-naming of part of Challis Lane, Randwick North to Power Lane proceed;

 

b)  the Geographical Names Board and all relevant authorities be advised of the re-naming;

 

c)  the re-naming be advertised in the “Southern Weekly Courier”;

 

d)  arrangements be made for the re-naming to be gazetted;

 

e)  appropriate signposting be arranged; and

 

f)   the Power family of Randwick North be advised of Council’s decision in acknowledgement of the Power Family’s contribution to the area over many years.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

JORDE FRANGOPLES

MARK SHAW

DIRECTOR, CITY SERVICES

MANAGER TECHNICAL SERVICES

 

 

 

 

 

 


  

Director, Governance & Financial Services' Report 7/2007

 

 

SUBJECT:

COUNCILLORS' ACCESS TO INFORMATION & INTERACTION BETWEEN COUNCILLORS AND STAFF - POLICY

 

 

DATE:

9 January, 2007

FILE NO:

F2004/06110

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES      

 

 

INTRODUCTION:

 

Although Council has in place a “Councillor/Staff Liaison Listing,” it does not have any formal procedures in place to guide staff and Councillors in their interactions or to detail what information is/is not available to Councillors and why.

 

ISSUES:

 

Both the Department of Local Government and the Independent Commission Against Corruption (ICAC) encourage Councils to document their processes with respect to Councillors’ Access to information and also interaction between Councillors and staff.

 

The Department of Local Government in its 1997 “Under Careful Consideration” document indicated that “Councils need to consider how to deal with these issues, irrespective of whether they believe that a problems currently exist or not.  This can be achieved by Councils developing policies and procedures to control access and interaction between Councillors and staff.  By doing so Councils will help ensure that access to information and staff only happens through appropriate internal channels developed by Council or legally available channels.

 

In light of this, the attached “Councillors’ Access to Information & Interaction between Councillors and Staff” policy has been prepared and is based on the Department of Local Government’s model policy as set out in the “Under Careful Consideration” document.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 11:  Excellence in staff management.

Direction 11e: Employee behaviour that reflects partnering across internal organisational boundaries, open and constructive communication and corporate values, standards and policies.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

 

CONCLUSION:

 

The attached “Councillors’ Access to Information & Interaction between Councillors and Staff” policy reflects Council’s current practices, supplements the current Councillor/Staff Liaison Listing and is in accordance with best practice guidelines.

 

RECOMMENDATION:

 

That:

 

a)  the “Councillors’ Access to Information & Interaction between Councillors and Staff” policy be adopted; and

 

b)  the “Councillors/Staff Liaison Listing” be updated by the General Manager, as and when required.

 

ATTACHMENT/S:

 

Draft Policy - Councillors' Access to Information & Interaction between Councillors and Staff

Councillor/Staff Liaison Listing  

 

 

………………………………

………………………………

GEOFF BANTING

JULIE HARTSHORN

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

SENIOR ADMINISTRATIVE COORDINATOR

 

 

 

 

 

 


COUNCILLORS’ ACCESS TO INFORMATION

&

INTERACTION BETWEEN COUNCILLORS AND STAFF

 

 

(Note:  This policy is based on the ‘Model Policy’ developed by the Department of Local Government and the Independent Commission Against Corruption as published in “Under Careful Consideration:  Key Issues for Local Government”  

(March 1997).

 

Introduction

The Local Government Act provides distinctly different roles for Councillors and Council staff.  The Council is responsible for strategic direction and for determining the policy framework of Council.  The Council also has a statutory role as the consent authority, under both the Environmental Planning and Assessment Act and the Local Government Act, for applications for development consent and other approvals.  The General Manager, with the senior officers of Council, is responsible for the effective management of the organisation and the carrying out of Council’s policies and strategic objectives.

 

The distinction between these two roles, however, may be unclear.  There often needs to be personal interaction between Councillors and Council officers, particularly regarding access to and provision of information to effectively integrate policy making and service delivery.  This has created the need for guidelines that help Councillors and staff to understand fully their respective roles and how they should operate, in order to perform their job effectively.

 

1.         Aims

This policy will:

 

2.         Objectives

 

3.         Inappropriate interactions

Council’s policy is that the following interactions are inappropriate:

 

4.         Access to Council records by Councillors

 

4.1     Statutory Provisions

Section 12 of the Local Government Act provides that the Council must provide access to the current version of certain Council documents free of charge to all members of the public.  These documents are:

 

·                     Council’s Code of Conduct;

·                     Council’s Code of Meeting Practice;

·                     Annual Report

·                               Annual Financial Reports;

·                               Auditor’s Report;

·                               Management Plan;

·                               EEO Management Plan;

·                               Council’s Land Register;

·                               Council’s policy concerning the payment of expenses incurred by, and the provision of facilities to, Councillors;

·                               Register of Investments;

·                               Returns of the interests of Councillors, designated persons and delegates;

·                               Returns as to candidates’ campaign donations;

·                               Agendas and business papers for Council and Committee meetings (but not including business papers for matters considered when a meeting is closed to the public);

·                               Minutes of Council and committee meetings but restricted (in the case of any part of a meeting that is closed to the public) to the resolutions and recommendations of the meeting;

·                               Any codes referred to in this Act;

·                               Register of Delegations;

·                               Annual reports of bodies exercising delegated Council functions;

·                               Development applications (within the meaning of the EP&A Act) & associated documents;

·                               Applications under Part 1 of Chapter 7 for approval to erect a building and associated documents;

·                               Local policies adopted by the Council concerning approvals and orders;

·                               Records of approvals granted, any variation from local policies with reasons for the variation and decisions made on appeals concerning approvals;

·                               Records of building certificates under the EP&A Act;

·                               Plans of land proposed to be compulsorily acquired by the Council;

·                               Leases and licences for use of public land classified as community land;

·                               Plans of management of community land;

·                               Environmental planning instruments, development control plans and plans made under s.94AB  of the Environmental Planning and Assessment Act, 1979 applying to land within the Council’s area;

·                               The statement of affairs, the summary of affairs and the register of policy documents required under the Freedom of Information Act, 1989 and

·                               Departmental representatives’ reports presented at a meeting of the Council according to s.433.

·                               The register of graffiti removal work kept in accordance with Section 67A.

 

In addition, Section 12(6) of the Act provides that Council must allow inspection of its other documents, unless there is a public interest issue.

 

Sections 15(1) and 16(1) of the Freedom of Information Act, 1989 also include provisions for members of the public to a general right of access to Council documents.

 

4.2     Procedures

·                Access to a Council file, records or other documents can only be provided according to this policy to ensure that access is obtained in ways that are legal and appropriate.  This policy does not limit or restrict statutory or common law rights of access.

·                Councillors can request the General Manager, the Director Governance & Financial Services or the Manager Administrative Services to provide access to a particular Council record.  Access to such documents will be restricted to the Councillors’ Rooms/Mayoral Office/Administration Building and is to be undertaken in the company of a staff member nominated by the General Manager.

·                Councillors who have a personal (as distinct from civic) interest in a document of Council have the same rights of access as any other person.

·                Councillors are entitled to access all files, records or other documents, where that document is identified in s.12 of the Local Government Act or to a matter currently before the Council.

·                The General Manager shall not unreasonably decide that a document is not relevant to the performance of the Councillor’s civic duty and deny access to a Council document.  The General Manager must state his/her reasons for the decision if access is refused.

·                Councillors can request access to other documents of the Council either by a Notice of Motion to the Council or a Freedom of Information application.

·                The General Manager, Director Governance & Financial Services and the Manager Administrative Services, shall keep a record of all requests by Councillors for access to information (other than those listed in s.12 of the Local Government Act, the Freedom of Information Act or by a Notice of Motion at a Council meeting).  The record of these requests will be made available to any other Councillor who requests it.  Any information that is given to a particular Councillor in the pursuit of their civic duties will also be made available to any other Councillor who requests it.

·                Confidential information must only be used for Council purposes.  While this may create some difficulties for Councillors when assessing the information, it is a necessary safeguard to protect Council’s interests.  It also helps to protect Councillors against allegations that they revealed information which damaged Council’s interests.

·                If the General Manager refuses to allow a Councillor to inspect any record or document, the Councillor may, at a meeting of the Council, move for the production of the document.  However, the Councillor must give notice of intention to move the motion.

·                If Council passes a motion for the production of a Council record, the Council must ensure that the record:

·                Is produced immediately and laid on the table for inspection by the Councillors; and

·                Is made available for inspection by any Councillor on reasonable notice to the General Manager during the Council’s ordinary office hours on any day that is within one month after the passing of the motion.

 

5.         Interaction between Councillors and Council staff

 

5.1          During Meetings

The interaction between Councillors and staff at Council Meetings and Committee Meetings is regulated by:

·         Section 360 of the Local Government Act;

·         The Local Government (General) Regulation;

·         Council’s Code of Conduct and

·         Council’s Code of Meeting Practice.

 

Section 360 of the Local Government Act enables the Council to make regulations in regard to the conduct of meetings and to adopt a Code of Meeting Practice and states that meetings must be conducted in accordance with the Code of Meeting Practice.  Randwick Council has adopted a Code of Meeting Practice.

 

The Local Government (General) Regulation details how, in Council meetings, Councillors can ask questions of other Councillors by going through the Chairperson. The regulation also details the process Councillors must follow if they wish to ask a question of Council staff, by going through the General Manager.

 

5.2     Outside of Meetings

The Local Government (General) Regulation makes provision for a Councillor to obtain information at a Council meeting or by a Motion Pursuant to Notice submitted to a Council Meeting. 

 

·                The General Manager is responsible to the Council for performance and direction of all staff and day-to-day management of Council.  Therefore, it is appropriate that all requests for information and approaches to staff outside the forum of a Council or Committee meetings be directed to the General Manager or persons nominated by the General Manager (see Appendix A). 

·                Only those officers nominated by the General Manager (refer to the “Councillor/Staff Liaison Listing”) can provide advice to Councillors. 

·                For all but straightforward advice on administrative matters, Councillors should put their requests for information or advice in writing to be answered by the General Manager or the appropriate nominated Council officer.  These written requests then form part of Council records and can be filed appropriately.  The General Manager must indicate in writing the reasons for refusing a request. 

·                A Council officer has the discretion to refer any request (from a Councillor) for information to the General Manager.  The Council officer must indicate to the Councillor their reasons for the referral.

·                If a Councillor is concerned about any refusal to provide information, they should firstly raise the matter with the General Manager (or the Mayor if it was the General Manager who refused to provide the advice).  If the Councillor is still dissatisfied they should request the information by way of a Motion Pursuant to Notice to the Council.

·                Councillors must not attempt to direct staff as to the performance of their work.  Staff must report all such attempts immediately to their Director or the General Manager.

·             Councillors must not request staff to undertake work for the Councillor or any other person.

·             A Councillor, member of staff or delegate must not take advantage of their official position to improperly influence other Councillors, members of staff or delegates in the performance of their public or professional duties for the purpose of securing private benefit for themselves or for some other person.

 

6.         Access to Council offices

·                As elected members of the Council, Councillors are entitled to have access to the Council Chamber, Mayor’s Office (for the Mayor), the Councillors’ Rooms and public areas of the Council’s buildings.

·                Councillors who are not in pursuit of their civic duties have the same rights of access to Council buildings and premises as any other member of the public.

·                A Councillor has no rights to enter staff-only areas without the express authorisation of the General Manager or his nominee or by resolution of the Council.

 

7.         Breaches of this policy

 

For this policy to be effective and meaningful, appropriate reporting of breaches and appropriate sanctions need to be established and consistently applied.  All parties need to have confidence that the policy will be complied with and breaches will be dealt with appropriately.  Any cases of clear breaches of the policy that are not dealt with appropriately will erode confidence in the ability of the Council to deal with complaints and reduce the efficiency of the Council.

 

Breaches will be dealt with in accordance with the reporting and sanction provisions of this Policy.

 

7.1     Reporting

·                   All occasions of a Councillor or staff member not complying with this policy should be immediately reported to the General Manager.

·                   Where the report relates to the conduct of a Councillor, the General Manager shall immediately report the matter to the Mayor and, if considered necessary, to the next Council meeting.

·                   Where the report relates to the conduct of staff, the General Manager shall deal with the matter according to the terms of employment of the staff member.

·                   Where a Councillor believes that the General Manager has failed to comply with the policy, the Councillor shall immediately report to the Mayor who will then discuss the matter with the General Manager and, if considered necessary, will report the matter to Council.

·                   Before a report to Council by the General Manager (or the Mayor), the General Manager (or the Mayor) should undertake preliminary inquiries to establish the facts.  The preliminary investigations may take any form the Mayor and General Manager considers appropriate but must involve discussions with the staff member and Councillor involved.  Natural justice principles need to be satisfied in dealing with an alleged breach and the evidence must be reviewed objectively.

·                   The Council must decide whether a matter reported to it under this policy, reveals a breach.  The Council may take any steps provided in this policy that it considers reasonable in the circumstances.

 

7.2     Sanctions

 

Council, having resolved that a Councillor has failed to comply with this policy, can, by resolution:

·         Require the Councillor to apologise to the person concerned;

·         Request a formal apology;

·         Counsel the Councillor;

·         Reprimand the Councillor;

·         Resolve to make its decision on the matter public;

·         Pass a censure motion at a Council or Committee meeting;

·         Make public disclosures of inappropriate conduct (such as making the community aware of the breach through the media or annual report);

·         Refer the matter to an appropriate investigative body if the matter is serious, and/or

·         Prosecute any breach of the law.

 

Sanctions for staff depending on the severity, scale and importance of the breach, may include:

 

·         Counselling the staff member;

·         Documentation of the behaviour being placed on the personnel file;

·         Non-renewal of an employment contract (if applicable);

·         Instituting Council disciplinary proceedings;

·         Dismissal;

·         Prosecution.

 

(Note:  With respect to staff, in every case the disciplinary procedures set out in the relevant Award, Industrial Agreement or employment contact will apply).

 

 

 

Trim Folder reference:          F2004/06110

Date adopted:                        27 February 2007

Last updated:                         27 February 2007

 


Councillor/Staff Liaison Listing

 

ONLY THESE STAFF TO BE CONTACTED BY COUNCILLORS

 

General Manager’s Office

General Manager – Ray Brownlee (x 0802)

Acting General Manager’s Executive Assistant – Elizabeth Langley (x 0803)

Acting Mayor’s Executive Assistant – Jane Deeb (x 0813)

Manager, Policy & Performance - Kerrie Walshaw (x 0744)

Communications Manager – Dianne Brien (x 0820)

Community Consultation & Liaison Officer –Martin Ryman (x 0526)

Manager, Organisational Staff Services – Fiona Calabrese (x 0864)

 

Governance & Financial Services

Director, Governance & Financial Services – Geoff Banting (x 0832)

Director’s Personal Assistant - Alison Turnbull (x 0804)

Manager Administrative Services – David Kelly (x 0742)

Manager, Risk – Karen Glover – (x 0743)

Senior Administrative Co-ordinator – Julie Hartshorn (x 0546)

Manager, Corporate Information and Technology Services – Graham Curley (x 0866)

Manager, Financial Operations – Greg Byrne (x 0836)

Manager, Corporate and Financial Planning – Aneesh Singh (x 0861)

Manager, Customer Service Centre – Debbie Bentley (x 0884)

 

City Services

Director, City Services – Jorde Frangoples (x 0905)

Director’s Personal Assistant – Annette Lahene (x 0901)

Manager, Infrastructure, Maintenance and Construction – Peter Stone (x 0684)

Manager, Technical Services – Mark Shaw (x 0906)

Manager Transport Management City Services - Tony Lehmann (x 0559)

Manager, Library & Community Services – Barbara Todes (x 4829)

Manager - Des Renford Aquatic Centre – Reece Heddle (9349 1106 x 206)

 

City Planning

Director, City Planning – Sima Truuvert (x 0891)

Administrative Officer – Pat Martin (x 0929)

Manager, Environmental Planning - Karen Armstrong (x 0895)

Manager, Development Assessment - Kerry Kyriacou (x 0894)

Manager, Environmental Health and Building Services - Roman Wereszczynski (x 0947)

Manager, Sustainability – Peter Maganov – (x 0554)

Team Leader - Major Assessments – David Ongkili (x 0793)

Team Leader – Development Assessment – Larissa Ozog (x 0626)

Team Leader - Building Certification Services - Roger Carlson (x 0878)

Team Leader - Fast Track Assessments – Roger Quinton (x 0795)

Team Leader - Regulatory Environmental Health & Building – David Mulcahy (x 0617)

Co-ordinator - Strategic Planning – Aoife Wynter – (x 0954)

Co-ordinator – Strategic Planning – Robyn Eisermann (x 0994)

Co-ordinator – Strategic Planning/Community Planning – Teresa Mok (x 0542)

Co-ordinator - Community Development – Shane Lowe – (x 0941)

Event Officer – Shannon Bishop – (x 0792)

 

(CC: HR – for updating induction info)

(CC: C.I.T.S. – for updating of Intranet)

 


 

Director, Governance & Financial Services' Report 8/2007

 

 

SUBJECT:

RECORDS MANAGEMENT POLICY & PROCEDURES FOR COUNCILLORS

 

 

DATE:

22 January, 2007

FILE NO:

F2004/06110  

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES     

 

 

INTRODUCTION:

 

Many prospective Councillors are elected to Council with an understanding of the major issues in their community, and the knowledge, experience and commitment to provide strong leadership and good governance of the Council.  Those who have not come from a government environment, however, may not have a knowledge or understanding of the responsibilities for recordkeeping and the regulatory and best practice requirements they are expected to meet when undertaking duties on behalf of Council.

 

ISSUES:

 

One way Councillors can be informed of their responsibilities is through the issue of policy and procedures. State Records NSW has created a Sample Records Management Policy and Procedures for Councillors that has been modified to suit Randwick City Council’s needs and reflect current practices.

 

The attached draft policy has drawn together records management policy and procedural information that Councillors will need to know in the course of their term/s on Council and will:

 

·         assist Councillors to understand and meet their recordkeeping responsibilities;

·         facilitate the efficient conduct of Council business; and

·         ensure that decisions and actions are transparent and accountable.

 

Council registration processes, security and confidentiality issues, and responsibilities regarding unauthorised access or disclosure of information are also addressed, and regulatory and other requirements for recordkeeping are listed.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 11:  Excellence in staff management.

Direction 11e: Employee behaviour that reflects partnering across internal organisational boundaries, open and constructive communication and corporate values, standards and policies.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The attached “Records Management Policy and Procedures for Councillors” policy reflects Council’s current practices and is also in accordance with best practice guidelines.

 

RECOMMENDATION:

 

That the “Records Management Policy and Procedures for Councillors” policy be adopted.

 

 

ATTACHMENT/S:

 

Draft "Records Management Policy and Procedures for Councillors."

 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

DAVID KELLY

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

MANAGER ADMINISTRATIVE SERVICES

 

 

 


Records Management Policy and Procedures for Councillors

Subject

Records Management Policy and Procedures for Councillors

Date of effect

27/2/2007

Date of last revision

27/2/2007

File number

F2004/06110

Contact

David Kelly – Manager, Administrative Services

Contents

1        Purpose, scope, authority and application of this document
2        State records
3        Records as a resource
4        Creation and capture of records
5        Registration of records by Council
6        Security and confidentiality of records
7        Access to records of Council
8        Borrowing records of Council
9        Unauthorised access or disclosure of information
10      Handling and storage of records
11      Disposal of records
12      For more information
13      Approval

Appendix A – Legislative requirements for recordkeeping
Appendix B – Best practice guidance for recordkeeping
Appendix C – Glossary of terms
Appendix D – Web references for publications referred to in this document

1          Purpose, scope, authority and application of this document

1.1 Purpose of this document

The purpose of this document is to ensure that full and accurate records (see Appendix C: Glossary) of the activities and decisions of the Councillors, in the course of their official duties for Council, are created, managed and disposed of appropriately to meet the Council’s organisational needs and accountability requirements.

A record management program (see Appendix C: Glossary) has been established by Council in accordance with section 12(2) of the State Records Act 1998.  This document provides part of the framework for that program.  More information on the records management program is available in Council’s Records Management Policy.

1.2    Scope of this document

This document has been specifically developed to assist Councillors to meet their recordkeeping responsibilities.  Council staff members should refer to Council’s Records Management Policy and Records Management Procedures for assistance in meeting their record keeping responsibilities.

1.3    Authority of this document

This document has been adopted by the Council by formal minute based on the Director, Governance & Financial Services’ report and recommendations.  It has been developed in consultation with Councillors and will be revised on a regular basis. Ownership of the policy and procedures rests with the Director, Governance & Financial Services who is responsible for reporting to State Records NSW regarding compliance with legislative requirements and recordkeeping standards.

1.3    Application of this document

All Councillors must comply with this document in their conduct of official business for Council.  Official business includes business relevant to the performance of the function and duties of the office of Councillor.  This document applies to records in all formats, including electronic records.

2          State records           

2.1    Some Councillors’ records are State records

Public offices are bound by the State Records Act 1998 which establishes rules for best practice for recordkeeping in NSW Government, encouraging transparency and accountability.  Councils are identified as public offices under the Act (section 3(1)). When discharging functions of Council, Councillors are subject to the State Records Act when they create or receive ‘State records’.

 

A State record is ‘any record made and kept or received and kept, by any person in the course of the exercise of official functions in a public office, or for any purpose of a public office, or for the use of a public office’ (section 3(1)).

2.2    Examples of State records

Examples of State records include (but are not limited to):

 

·         correspondence, including emails, regarding building and development

·         matters

·         a petition received from a community group

·         declarations concerning a Councillor’s pecuniary interests

·         speech notes made for addresses given at official Council events, and

·         complaints, suggestions or enquiries by rate payers about Council services.

2.3      Examples of records that are not State records

Conversely, records which are created, sent or received by Councillors when they are not discharging functions of Council are not considered to be State records for the purposes of the State Records Act 1998.

 

Examples of records that are not State records include (but are not limited to):

·         records relating to political or electoral issues e.g. lobbying for votes, supportive emails from members of the community regarding elections or political stances

·         communications regarding matters of personal/general interest rather than Council interest e.g. information from environmental or other interest groups not specific to issues being considered by Councillors or Council

·         records relating to attendance at sports functions, church fetes, community functions when the Councillor is not representing Council

·         personal records of Councillors such as personal emails, character references for friends, nomination for awards, letters to local newspapers etc that are not related to Council business.

3          Records as a resource

Records are a vital asset to Council. Many records created and received by Councillors have the potential to:

·         support the work of Councillors and Council’s program delivery, management and administration

·         help Councillors and Council to deliver customer services in an efficient, fair and equitable manner

·         provide evidence of Councillors’ actions and decisions and establish precedents for future decision making, and

·         protect the rights and interests of the Council, Councillors and its clients and rate payers.

A small percentage of records created and received by Councillors will become archives (See Appendix C: Glossary), part of the cultural resources of the State.

4          Creation and capture of records

4.1    What records to create and capture

Councillors should create and capture full and accurate records of any significant business undertaken in the course of their official duties for Council. Significant business can include:

 

·         providing advice, instructions or recommendations

·         making decisions, commitments or agreements binding for the Councillor or Council.

In addition, Councillors should capture:

 

·         drafts of documents for Council containing significant annotations or submitted for comment or approval by others

·         correspondence received and sent relating to their work undertaken for Council.

 

Council is responsible for:

 

·         creating and capturing records of Council or committee meetings where the Council is the secretary

·         capturing any State records it sends to Councillors regarding Council business.

 

Creation of records of a confidential nature

On some occasions Councillors are approached and asked to keep matters discussed relating to Council business confidential.  In this case they should refer the person to Council’s Statement of Affairs under the Freedom of Information Act.  This indicates that confidential conversations/correspondence must still be recorded and registered into Council recordkeeping systems if they refer to Council business.  There are policies and security controls in place to ensure these records have limited access (see Section 6 Security and confidentiality of records), but these records may still need to be produced under relevant legislation, e.g. subpoena, the Freedom of Information Act 1989 or s.12 of the Local Government Act 1993.  With security controls in place records are likely to be less at risk than if they were not in recordkeeping systems.

4.2    How to create records

Council has a number of paper and electronic templates available for Councillors (upon request) to create emails, faxes, letters, memos, file notes and meeting notes. These will assist Councillors in ensuring that the essential information is recorded while conducting Council business.  Decisions, commitments, permissions etc made during telephone or verbal conversations or via SMS should be recorded using the Council’s standard file note template (e.g. time, date, parties involved, summary of decisions, commitments, permissions etc given and reasons for them).  Notes in Councillors’ diaries are generally not adequate where there are recordkeeping requirements: they should be converted into a formal file note.  These records should be made as soon as possible after the event to ensure the information is accurate.

See Section 6 Security and confidentiality of records for information about the treatment of confidential matters.

4.3    How to capture records

Records of Council business that are created or received by Councillors (with the exception of those sent from Council as they are already captured) should be saved into official Council recordkeeping systems as soon as is practicable so that Council can assist with their long term management.

 

Paper records

Records created or received in paper format should be forwarded to the Coordinator Information Management, each month.  If matters are deemed urgent they should be forwarded immediately.  If records are of a sensitive or confidential nature, the Councillor should attach a note to the front of the record so that appropriate security controls can be applied.

 

Email and electronic records

Email and other electronic records should be forwarded to Council promptly for registration.  They should be forwarded to the Coordinator Information Management. If records are of a sensitive or confidential nature, the Councillor should insert a note on the top of the email to this fact so that appropriate security controls can be applied.  See Section 6 Security and confidentiality of records for information about security controls for sensitive records.

 

Councillors’ copies

If a Councillor retains copies of any records once the originals have been forwarded for registration, these should be retained only while needed for current Council business.  Alternatively if the Councillor requires the document to be returned after capture, a note should be attached to the document.  The returned document will be clearly noted that it has been captured.

The routine destruction of copies of records is permitted under the State Records Act (section 21(2)).  See Section 11 Disposal for more information.  These should be disposed of in Security destruction bins which are available at Council.

 

It is important to recognise that these copies should be treated like the originals with regard to security controls applied (see Section 10 Handling and Storage of records).


5          Registration of records by Council

5.1    Registration procedures

Records received from Councillors for registration will be handled in accordance with the Council’s Records Management procedures.  See Section 6 Security and confidentiality of records for information about security controls applied to sensitive records.  If it is a copy of a document that has already been received by Council, Corporate Information will mark the document accordingly and not record it a second time. 

5.2    Councillors’ mail (including email)

Mail addressed to the Mayor is opened within Information Management, including correspondence marked as ‘Private & Confidential’.  Incoming mail for Councillors received at Council is not opened regardless of whether there are privacy markings or not. Councillors’ mail is sent unopened to Administrative Services, who in turn, sort and distribute the mail appropriately.

 

Mayor’s mail considered to be pertinent to a Council business transaction will be registered into Council’s recordkeeping system before being forwarded to the Mayor’s Personal Assistant. Any mail that is not considered to be pertinent to a Council business transaction is forwarded unregistered to the Mayor’s Personal Assistant.

 

Although mail addressed to Councillors is not opened, it is the Councillor’s responsibility to return any mail that is Council business related to Information Management for registration in the Council’s main recordkeeping system.

 

Emails received in the Mayor’s Email Box are forwarded to the Mayor’s Personal Assistant irrespective of whether they are Council business related or not.  Mayor’s emails that pertain to Council business are also registered into Councils Electronic Recordkeeping system.

 

It is the responsibility of the individual Councillors to ensure any emails that are directly received by them, that pertain to Council business are captured into the Electronic Recordkeeping system.  This should be done via the Administrative Services Section or directly sent to Information Management.

6          Security and confidentiality of records

6.1    Building controls

Council’s paper records are kept securely in Information Management or defined records storages areas with security controls to protect against unauthorised access.

6.2    System controls

The Council’s records management software which controls both paper and electronic records restricts access according to security access controls.

6.3    Security labels

Sensitive records in all formats have labels such as Confidential or access controls to prevent them from being accessed without authorisation.

6.4    Rules for Council staff and Councillors

Council staff and Councillors are bound by Council’s Code of Conduct, preventing unauthorised access or disclosure of Council records.

See Section 10 Handling and storage of records for advice regarding Councillors’ security responsibilities when storing records.

7          Access to records of Council

7.1    Access relating to civic duties

Councillors need to have access to information held by Council to help them make informed decisions on matters under their consideration.  This information should be relevant and appropriate to the discharge of their obligations e.g. records relating to matters before Council or due to be listed for which there is notification.

 

As a first step, Councillors should contact the Manager, Administrative Services.  Records can be made available for viewing during normal business hours.  Access to such documents will be restricted to the Councillors’ Rooms/Mayoral Office/Administration Building and is to be undertaken in the company of a staff member nominated by the General Manager.

7.2    Access relating to personal interest

Councillors wishing to access records in relation to a matter of personal interest have the same rights as other members of the public.  Access may be obtained, for example, under:

 

·         Section 12(1) of the Local Government Act 1993 which allows all persons to have a right of access to certain Council records

·         the Privacy and Personal Information Protection Act 1998

·         the Health Records and Information Privacy Act 2002

·         the State Records Act 1998, or  

·         the Freedom of Information Act 1989.

7.3    Refusal of access

Should a Councillor be refused access to records of Council, the Councillor will be provided with reason(s) and these reasons will be publicly available.  Councillors can ask for a review of a decision to deny access in accordance with section 12A of the Local Government Act 1993 or, alternatively, the Councillor may, at a meeting of the Council, move for the production of the document.  However, the Councillor must give notice of intention to move the motion. 

 

If a Councillor is refused access to records under another Act, they should refer to any appeal provisions of that Act.

7.4    More information on access

More information on gaining access to Council records can be obtained from Council’s “Councillors’ Access to Information & Interaction between Councillors and Staff” Policy for from the Manager, Administrative Services.  See also Section 9 Unauthorised access or disclosure of council records.


8          Borrowing records of Council

Council does not allow Councillors to borrow Council records at all.  They must be viewed in the Councillors’ Rooms/Mayoral Office/Administration Building in the presence of a staff member nominated by the General Manager.

8.1    Borrowing paper-based records

Under section 11(1) of the State Records Act, Councils are required to ensure the safe custody and proper preservation of records they are responsible for therefore paper based records should be viewed on Council premises only.  Photocopies of relevant pages can be made available to Councillors if restrictions on copying do not apply.

8.2    Borrowing records in electronic form

Records may be supplied in Electronic form to Councillors at the discretion of the Manager, Administrative Services.  These records must not be forwarded or given to any other person without authorisation.

9          Unauthorised access or disclosure of Council records

The Local Government Act 1993 section 664(1) prohibits the disclosure of information obtained in connection with the administration or execution of the Act, except in certain specific circumstances.  Councillors are also bound by the Council’s Code of conduct not to:

 

·         attempt to access records they are not authorised to see

·         provide unauthorised access to other parties while Council records are in their care

·         disclose confidential information about Council business, or

·         disclose personal information of employees, clients etc without the subject’s consent.

 

These rules help to ensure that Council and its staff and clients are protected and that that the requirements of relevant legislation, such as privacy legislation, are met (see Appendix A).

10        Handling and storage of records

10.1  Damage or neglect of records is an offence

Damage or neglect of a State record is an offence under section 21 of the State Records Act. Councillors should apply the storage and handling rules below to ensure records are protected.

10.2  Handling of records

When handling Council records the following rules apply:

 

·         registered documents are not to be rearranged or removed from Council files (the order provides context for the records) and information on files should never be altered

·         no food or drink is to be consumed near records (grease and food particles can attract vermin and liquids can damage records if spilt on them)

·         strictly no smoking around records (due to airborne pollutants and the risk of fire)

·         if records are damaged during handling, the Coordinator Information Management should be informed. No attempts should be made to repair the record (as some repairs can do long term damage).

 

Information on handling specific formats is available in State Records’ Recordkeeping in Brief 14: Handle with care or can be provided by Council’s records staff.

10.3  Storage of records

When storing Council records temporarily the following rules apply:

·         records are to be kept away from known risks such as water, fire, mould, vermin, vandalism, chemicals, direct sunlight, extreme temperatures etc 

·         electronic records should be protected against additional hazards such as viruses or electronic fields

·         records should be secured appropriate to their level of sensitivity. No Council records should be left in plain view in vehicles or lying around the house.

 

Councillors who are storing records of a sensitive or confidential nature should ensure that they are appropriately protected.

 

Council recommends that paper records be kept in locked cupboards with the key kept secured away from the cupboards when the records are not being used. Electronic records should be appropriately controlled with password protection on computers, virus protection and lockdown of screens when a Councillor is away from the computer

11        Disposal of records

11.1  Disposal in accordance with the State Records Act

State records held by Councillors must be disposed of in accordance with the State Records Act 1998.

 

State Records NSW has issued General Retention and Disposal Authority - Local Government records (GDA10), which outlines classes of records and how long they should be kept before being legally destroyed or transferred to archives.  Periods specified are based on relevant legislation, guidelines and standards.  Failure to keep records for the length of time specified in the GDA may put Councillors and Councils at risk.

 

Other forms of authorised disposal include:

 

·         by order of a court or tribunal

·         ‘normal administrative practice’ (NAP) where ephemeral, duplicate or facilitative records can be destroyed. State Records has produced Guidelines on Normal Administrative Practice (NAP) which provide further information on the application of NAP.

11.2  Liaison with Council for disposal

Councillors should liaise with the Council regarding the disposal of any records of Council business as Council is responsible for:

 

·         ensuring legislative requirements are met

·         ensuring destruction is undertaken appropriately (e.g. that no sensitive information is released due to inappropriate destruction methods), and

·         documenting disposal decisions for accountability purposes.

 

The Council’s information management staff should be primarily responsible for the disposal of State records, unless other arrangements are approved.  Councillors may destroy copies of Records that have already been captured, notes of meetings where formal minutes have been captured and copies of business papers and information that has been provided to them by Council.  Other records should be referred to the Council for destruction.

 

Records should be disposed of securely in Confidential disposal bins which will be provided at a central location for councillors.

12        For more information

 

For more information about the use of this policy and procedures, contact David Kelly, Manager Administrative Services or Julie Hartshorn, Senior Administrative Coordinator.

 

Acknowledgment:  The Council acknowledges the use of State Records NSW, Sample records management policy and procedures for Councillors which draws on policy/procedure documents of State Library of NSW, State Records NSW, Armidale/Dumaresq Council, Shoalhaven City Council, and the Council of the City of Sydney.


Appendix A – Legislative requirements for recordkeeping

       Environmental Planning and Assessment Act 1979 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/

       Evidence Act 1995 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/ea199580/

       Freedom of Information Act 1989 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/foia1989222/

       Health Records and Information Privacy Act 2002 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/hraipa2002370/

       Local Government Act 1993 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/

       Privacy and Personal Information Protection Act 1998 available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/papipa1998464/

       State Records Act 1998 – including standards and retention and disposal authorities issued under the Act - available at: http://www.austlii.edu.au/au/legis/nsw/consol_act/sra1998156/

       State Records Regulation 2005 available at: http://www.austlii.edu.au/au/legis/nsw/consol_reg/srr2005247/

[Note: This list is not exhaustive. It is the responsibility of managers to examine legislation and government directions which govern their activities, and ensure that records arising from these activities conform with recordkeeping requirements.]

Appendix B – Best practice guidance for recordkeeping

       Australian Standard, AS ISO 15489-2002, Records management

       Australian Standard AS5090-2003, Work process analysis for recordkeeping

       NSW Ombudsman, Good Conduct and Administrative Practice: Guidelines for state and local government, 2003, available at: http://www.ombo.nsw.gov.au/publication/PDF/guidelines/Good%20Conduct%20and%20Administrative%20Practice.pdf

       NSW Premier’s Department, Model Code of Conduct for NSW Government agencies, 1997, available at: http://www.premiers.nsw.gov.au/our library/conduct/Model_Code_of_Conduct.pdf

Appendix C - Glossary of terms

This glossary has been compiled from the State Records Authority Glossary of Recordkeeping Terms. Sources of terms include Australian and international standards on records management.

 

Access

Right, opportunity, means of finding, using or retrieving information. AS ISO 15489 Part 1 Clause 3.1

 

Appraisal

The process of evaluating business activities to determine which records need to be captured and how long the records need to be kept, to meet business needs, the requirements of organisational accountability and community expectations. AS 4390 Part 1 Clause 4.3

 

Archives

Those records that are appraised as having continuing value. AS 4390 Part 1 Clause 4.5

Disposal

A range of processes associated with implementing appraisal decisions. These include the retention, deletion or destruction of records in or from recordkeeping systems. They may also include the migration or transmission of records between recordkeeping systems, and the transfer of custody or ownership of records. AS 4390 Part 1 Clause 4.9

Recordkeeping

Making and maintaining complete, accurate and reliable evidence of business transactions in the form of recorded information. AS 4390-1996, Part 1.4.19

Recordkeeping systems

Information systems which capture, maintain and provide access to records over time. AS 4390-1996, Part 1. Clause 4.20

Records

Information created, received, and maintained as evidence and information by an organisation or person, in pursuance of legal obligations or in the transaction of business. AS ISO 15489 Part 1 Clause 3.15

Any document or other source of information compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means. State Records Act 1998 (NSW)

Records management program

A records management program encompasses the management framework, the people and the systems required within an organisation to manage full and accurate records over time.  This includes the identification and protection of records with longer-term value that may be required as State archives.

Retention and Disposal Authority

Documents authorised by the Board of State Records NSW that set out appropriate retention periods for classes of records.

State archive

A State record that the State Records Authority of New South Wales has control of under the State Records Act, 1998 (NSW).

Appendix D – Web addresses for publications referred to in this document

See also Appendix A for links to legislation.

Government Chief Information Office, Guide to labelling sensitive information, 2002, available at: http://www.gcio.nsw.gov.au/pages.asp?CAT=764&ID=779

State Records, Destruction of records: A practical guide, revised 2005, available at: http://www.records.nsw.gov.au/recordkeeping/003_destruction_6883.asp

State Records, General Retention and Disposal Authority - Local Government records (GDA10), 2002, available at http://www.records.nsw.gov.au/publicsector/disposal/gda10-locgov/gda10-toc.htm

State Records, Guidelines on Normal Administrative Practice (NAP), 2005, available at: http://www.records.nsw.gov.au/recordkeeping/008_nap_7111.asp

State Records, Recordkeeping in Brief 14: Handle with care, 2000, available at: http://www.records.nsw.gov.au/recordkeeping/rib_14_handle_3439.asp

 

 

 

 


 

Director, Governance & Financial Services' Report 9/2007

 

 

SUBJECT:

CLOVELLY BOWLING & RECREATION CLUB PROPOSED BUILDING WORKS

 

 

DATE:

24 January, 2007

FILE NO:

F2004/06336

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

Clovelly Bowling & Recreation Club Ltd currently holds a five (5) year licence agreement over the Bowling Club & greens being part of the land known as Burrows Park at 1-11 Ocean Street, Clovelly.  The Club is seeking Council’s consent to alterations within their licensed area.

 

ISSUES:

 

The licence agreement includes a condition that the licensee will not undertake any development structural earth or landscaping works, including the installation of outdoor furniture within or around the licensed area, without the prior written consent of the Council and the Minister.

 

The licensee is seeking the Minister’s consideration and approval to pouring a slab adjoining the club house premises measuring approximately 47m2.

 

The licensee proposes to use this area in conjunction with the use of the barbeque and bowling activities.

 

They have indicated this work will eliminate the OH&S risk of people slipping & falling as a result of wet grass or mud, will provide a stable foundation for tables and chairs used in conjunction with the barbeque area and will provide an outdoor area for smokers once the new smoking laws in Clubs are introduced.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 7:    A Liveable City that Balances Growth & Change.

Direction 7f:   Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

 

CONCLUSION:

 

To comply with the terms of the licence agreement, formal approval in writing must be granted by Council to the licensee to carry out the works as per their specifications.

 

RECOMMENDATION:

 

That authority be granted for the Clovelly Bowling & Recreation Club Ltd to pour a slab measuring approximately 47m2 adjoining the south side of the clubhouse premises, within their licensed area, to be utilised for placement of removable tables and chairs for patrons of the Bowling Club.

 

ATTACHMENT/S:

 

 

Nil

 

 

………………………………

………………………………

GEOFF BANTING

SHARON PLUNKETT

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

PROPERTY COORDINATOR

 

 

 

 

 

 


 

Director, Governance & Financial Services' Report 10/2007

 

 

SUBJECT:

COUNCILLORS' EXPENSES & FACILITIES POLICY

 

 

DATE:

25 January, 2007

FILE NO:

F2005/00176

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES    

 

 

INTRODUCTION:

 

Section 252 of the Local Government Act requires Councils to adopt a policy for the payment of expenses incurred by and the provision of facilities to Mayors, Deputy Mayors and other Councillors.  Mayors, Deputy Mayors and Councillors can only be reimbursed for expenses and provided with facilities in discharging the functions of civic office, in accordance with this policy.

 

ISSUES:

 

The Department of Local Government recently issued Guidelines for the Payment of Expenses and the Provision of Facilities to Mayors and Councillors.

 

The Guidelines have been adopted under the provisions of sections 23A and 252(5) of the Local Government Act 1993 as Director General’s Guidelines.  As such, Councils must comply with these Guidelines when preparing and adopting an expenses and facilities policy under sections 252-254 of the Act.

 

Council’s current Councillors’ Expenses & Facilities Policy has been reviewed in light of the Guidelines and, as a result, a number of minor amendments were considered at the 28 November 2006 Council Meeting, wherein it was resolved:

 

“That the draft Councillors’ Expenses & Facilities Policy (as distributed) be placed on public exhibition in accordance with the requirements of Section 253 of the Local Government Act and that the matter be reported back to Council at the conclusion of the public exhibition period.

 

The revised Councillors’ Expenses & Facilities Policy was on public exhibition from 12 December 2006 to 22 January 2007 (an extended period due to the fact that the policy was advertised over Christmas).

 

During the public exhibition period, the policy was available to be viewed at Council’s Customer Service Centre, the three (3) Council libraries and on Council’s website.  The availability of the document was advertised in the Southern Courier Newspaper.

 

There were no submissions received during the public exhibition period.

 

Councils are required by the amending legislation to submit their Expenses and Facilities Policy to the Department of Local Government (DLG) by 30 November each year. Councils are also required to include in their annual reports relevant information on the payment of expenses and provision of facilities to Mayors and Councillors in accordance with the legislation and the DLG Guidelines.

 

For the financial year 2006/2007, Councils must submit a policy that complies with the Guidelines to the Department of Local Government by 28 February 2007.

 

RELATIONSHIP TO CITY PLAN:

 

There is no relationship to the City Plan.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.  The proposed amendments to the policy will not result in any significant change in the value of facilities provided to Councillors or expenses able to be claimed by Councillors. 

 

CONCLUSION:

 

It is recommended that the revised Councillors’ Expenses & Facilities Policy (copy attached) be adopted for immediate implementation and a copy be forwarded to the Department of Local Government in accordance with DLG requirements.

 

RECOMMENDATION:

 

That:

 

a)       the revised Councillors’ Expenses & Facilities Policy be adopted; and

 

b)       a copy of the revised policy be forwarded to the Department of Local Government in accordance with requirements.

 

 

ATTACHMENT/S:

 

Draft (revised) Councillors' Expenses & Facilities Policy

 

 

 

 

 

 

………………………………

 

………………………………

GEOFF BANTING

JULIE HARTSHORN

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

SENIOR ADMINISTRATIVE COORDINATOR

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNCILLORS’ EXPENSES

& FACILITIES POLICY

 

 

 

 

           

Note: Shaded sections represent the proposed amendments

 

 

 

Adopted 15 February, 1994

Updated 30 May 2006

Updated 27 February 2007


 

 

COUNCILLORS’ EXPENSES AND FACILITIES POLICY

 

CONTENTS

 

PART 1 – PRELIMINARY                                                                                                                    8

 

(i)    Citation                                                                                                                                              8

 

(ii)    Commencement 8

 

(iii)   Purpose of the policy    8

 

(iv)   Policy objectives 8

 

(v)   Reporting requirements 8

 

(vi)   Legislative provisions 8

 

(vii)  Other Government policy provisions 9

 

PART 2 - CONFERENCES, SEMINARS AND VISITATIONS (Including

Sister City relationships) 10

 

Conferences, seminars, courses within NSW      10

 

Interstate & overseas travel 11

 

PART 3 - PROVISION OF FACILITIES & SPECIFIC EXPENSES FOR

COUNCILLORS    13

 

PART 4 – PROVISION OF ADDITIONAL FACILITIES & SPECIFIC EXPENSES

FOR THE MAYOR                                                                                                                                      16

 

PART 5 - PROVISION OF ADDITIONAL FACILITIES & SPECIFIC EXPENSES

FOR THE DEPUTY MAYOR    18

 

PART 6 - LIMITATION ON SPECIFIC EXPENSES FOR THE MAYOR &

COUNCILLORS                                                                                          19

 

PART 7 – LEGAL ASSISTANCE    20

 

PART 8 - INSURANCE/INDEMNITY    21

 

PART 9 - CODE OF CONDUCT REQUIREMENTS    22

 

 

 

 

 

 


PART 1 - PRELIMINARY

 

(i)        Citation

 

This policy is in accordance with the requirements of the Local Government Act, 1993, and may be cited as the "Councillors’ Expenses and Facilities Policy".

 

(ii)       Commencement

 

This policy was initially adopted by Council on 15th February, 1994.

 

(iii)      Purpose of the policy

 

To ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by Councillors.  The policy also ensures that the facilities provided to assist Councillors to carry out their civic duties are reasonable.

 

(iv)     Policy objectives

 

 

 

 

(v)      Reporting requirements

 

Section 428(2)(f) requires a council to include in its Annual Report:

 

 

Section 12 provides that the public is entitled to inspect the Council's policy concerning the payment of expenses incurred by, and the provision of facilities to, councillors, free of charge, and may obtain a copy, either free of charge or on payment of reasonable copying charges.

 

(vi)     Legislative provisions

 

This policy is made under section 252 of the Local Government Act, 1993 and in accordance with clause 403 of the Local Government (General) Regulation 2005

 

The Act requires that the Council must adopt a policy concerning the payment of expenses and the provision of facilities to the Mayor and other Councillors.

 

Within five (5) months after the end of each year, a Council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor, the Deputy Mayor and the other Councillors in relation to discharging the functions of civic office.

 

Within 28 days after adopting a policy or making an amendment to its Councillors’ Expenses & Facilities Policy, Council is required to forward the following information to the Director-General of the Department of Local Government:

 

·         A copy of the policy or amendment

·         Details of all submissions received during the public exhibition period

·         A statement setting out, for each submission, the Council’s response to the submission and the reasons for the Council’s response

·         A copy of the public exhibition notice.

 

(vii)    Other Government policy provisions

 

 

Councillors should be aware of and take account of the Independent Commission Against Corruption (ICAC) publication No Excuse for Misuse, preventing the misuse of Council resources (Guidelines 2) November 2002.  This publication is available on the ICAC website at www.icac.nsw.gov.au.


PART 2 - CONFERENCES, SEMINARS AND VISITATIONS (Including Sister City relationships)

 

Conferences, seminars, courses within NSW

 

(i)       Councillors may attend conferences, seminars and accredited training and education courses within NSW without the approval of the Council.

 

However, approval to attend conferences, seminars and accredited training and education courses within NSW must be determined by the Mayor and the General Manager upon a written request by the individual Councillor wishing to attend a conference, etc, stating the reasons why he or she wishes to attend and what benefits it will bring to the Council.

 

(ii)      The Mayor and Councillors may attend conferences, seminars and accredited courses outside NSW only with approval of the Council, and shall submit a written request for this purpose stating the reasons why he or she wishes to attend and what benefits it will bring to the Council.

 

(iii)     The Mayor may attend conferences in NSW as necessary without approval.  Further, all Councillors are eligible to attend the Annual Conference of the NSW Local Government Association and all female Councillors are eligible to attend the Annual Australian Local Government Women's Association's NSW Branch Conference.

 

(iv)     No advance sustenance allowance will be paid, but the actual cost of meals, which are not provided as part of the approved conference or seminar programme, will be met by Council (by way of reimbursement to Councillors following their return).

 

(v)      The council will pay all normal registration costs which are charged by organisers including the cost of related official luncheons, dinners and tours which are relevant to the interest of the Council or assist Councillors to discharge the functions of their civic office.

 

(vi)     Full economy airfare will be used by Councillors travelling to and from conferences, except where a Councillor indicates he/she is confident that no changes will be made to the proposed itinerary in which case a review of the cheapest fares available will be undertaken.  Further, in all cases, advantage be taken of special conference discount fares to achieve significant economies in travel expenses.

 

(vii)    If a private motor vehicle is used the "mileage" allowance will be paid at the then current rate set by the NSW Local Government (State) Award.

 

If a Councillor decides to drive his/her own vehicle to an intrastate or interstate conference, the mileage allowance payable to that individual is not to exceed the return economy class air fare for travel to the destination in question.

 

Costs of vehicle hire and/or taxi fares which are reasonably incurred while attending conferences will be reimbursed by the Council.

 

(viii)    Reasonable accommodation costs, including the night before and/or after the conference where this is necessary, will be met by the Council for conferences and seminars outside the Sydney metropolitan area.

 

(ix)     Reasonable business out-of-pocket expenses will be reimbursed for costs associated with attending the conference, seminar, meeting or function.  Reasonable out-of-pocket expenses will be limited to: parking fees; taxi fares; meals not included in the conference program and the reasonable cost of drinks accompanying a meal.  Council will not meet the cost of laundry or the cost incurred for the use of a bar-fridge in a hotel room.

 

(x)      Where the attendee is accompanied by his or her spouse/partner, the Council will not pay for any cost supplement involved in the accommodation.  All costs for the spouse/partner (including travel, tours, meals etc.) are to borne by the attendee.

 

(xi)     Any visitations to, and travel and accommodation costs associated with, sister city arrangements by Randwick Councillors must be approved by a Council Meeting prior to acceptance of any invitations, and any gifts or benefits associated with such visits by both parties shall show full regard to the requirements of both Councils’ Codes of Conduct.

 

Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home. 

 

However, Councillors must fully reconcile all expenses against the cost of the advance within three (3) months of returning or incurring the expenses (whichever is the latter).

 

Incidental conference, seminar and visitation expenses include telephone and facsimile calls, refreshments, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees and meals not included in any conference/seminar program.

 

For travel within NSW, a daily meal and an incidental expenses limit of $120.00 will apply.

 

Claims for reimbursement of conferences/seminars/courses expenses must be submitted on the claim form attached to this policy.  Expenses must be claimed within three (3) months of returning from a trip or within three (3) months of the expense being incurred (whichever is the latter).

 

Interstate & overseas travel

 

Council will pay the same expenses as detailed above (for conferences within NSW) for Councillors travelling interstate and overseas on Council business only if Council resolves (at a meeting of the full Council) that such travel be undertaken.  The proposal will be considered at an Open Council Meeting through a report from the General Manager.  Travel proposals will be included in Council business papers.  The use of Mayoral Minutes to obtain approval for travel is not appropriate as it is not consistent with principles of openness and transparency

 

Council reports in relation to overseas travel are to indicate:

 

 

If the trip is to be sponsored by private enterprise, ICAC guidelines and reporting structures shall be followed.

 

Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home. 

 

However, Councillors must fully reconcile all expenses against the cost of the advance within three (3) months of returning or incurring the expenses (whichever is the latter).

 

Incidental conference, seminar and visitation expenses include telephone and facsimile calls, refreshments, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees and meals not included in any conference/seminar program.

 

For interstate and overseas travel, a daily meal and an incidental expenses limit will apply and will be in accordance with the Australian Taxation Office determination in relation to reasonable travel and meal allowance expense amounts, provided that such expenses are subject to a period of stay not exceeding the period for the conference or authorised business plus one day each way for travelling.

 

[Note: the Ruling for the 2005-2006 financial year is TD 2005/32 and is available on the ATO Legal Database at www.ato.gov.au.  The median salary range will be used].

 

Claims for reimbursement of conferences/seminars/courses expenses must be submitted on the claim form attached to the policy.  Expenses must be claimed within three (3) months of returning from a trip or within three (3) months of the expense being incurred (whichever is the latter).


PART 3 - PROVISION OF FACILITIES & SPECIFIC EXPENSES FOR COUNCILLORS

 

Councillors are entitled to receive:

 

(i)       A Councillor's Fee (Allowance) to be set by Council annually following determination by the Remuneration Tribunal.

 

(ii)      An expandable attaché case with combination lock (Dimensions 44.5cm, x 31.8cm x 10cm) as per the current State Government Contract or South Sydney Regional Organisation of Councils’ Purchasing Agreement.

 

(iii)     Stationery items limited to letterheads, business cards (bearing coloured personal photographs if requested), "With Compliments" slips and envelopes,

for use on Council business and subject to reasonable limits as determined by the General Manager.

 

(iv)     A maximum of 300 Christmas Cards per Councillor per annum for use in a Councillor’s official role as an elected member.  The cards to be arranged and ordered by Council staff in accordance with budgetary limits.

 

(v)      The cost of postage associated with mail sent by Councillors, in the course of carrying out their civic duties, to their constituents will be borne by the Council to a maximum of $600 per Councillor per annum, including the postage costs for the up to 300 Christmas cards supplied to Councillors in accordance with Part 5, Clause (xvii) of this Code (see below).

 

(vi)     Councillors' name badges.

 

(vii)    Secretarial support when required on Council matters.

 

(viii)    Cabcharge facilities, use of a Council driver upon request or reimbursement for use of private vehicles (in accordance with the NSW Local Government (State) Award).   Councillors will be reimbursed for out-of-pocket travel expenses incurred in attending approved courses, conferences, seminars, Council or Council Committee Meetings, authorised Council inspections or other authorised business of the Council (including travel to any organization to which a Councillor has been appointed as a delegate or any other activity that has been authorised by the Council.

 

(ix)     Meals and refreshments following meetings of Council and its Committees.

 

(x)      Access to Council's Policy Register and other necessary codes required for reference purposes.

 

(xi)     A copy of the Local Government Act and Regulations, the Environmental Planning and Assessment Act and Building Code of Australia in the Councillors' Rooms.

 

(xii)     Access, to a shared Councillors' Rooms in the Town Hall.

 

(xiii)    Councillors may be reimbursed for the reasonable cost of carer arrangements, including childcare expenses and the care of elderly, disabled and/or sick immediate family members of Councillors, to allow Councillors to undertake their Council business obligations (including attending Council or Committee meetings), subject to a limit of $1,200 per Councillor per annum.

 

(xiv)    A laptop computer, as per the current State Government Contract, with specification and configuration necessary to access and utilise appropriate Council systems.  Laptops will be provided with: Windows operating system; standard Microsoft Office package; anti-virus software; and facilities to enable dial-up to Council.  No unauthorised or unlicensed software is to be installed on the laptops and Councillors are required to comply with Council’s Internet & Email Usage Policy at all times, when using Council’s laptops. 

 

(xv)    The following office equipment to facilitate communication between Councillors, Council’s administration and residents, with Council responsible for equipment, rental, maintenance, consumables and service charges and        costs:

 

a)    A fax phone/printer/copier/scanner unit incorporating handset and answering machine or equivalent as per the current State Government

 

Contract and Council will arrange and pay for the installation of a telephone line at each Councillor’s place of residence (if required) to facilitate the operation of the phone/printer/copier/scanner unit and meet all necessary installation and connection costs.  A Maximum of $200 per Councillor per month to be borne by Council for call costs;

&

b)    A mobile phone with rental and maintenance to be paid by Council, but with a maximum of $200 per Councillor per month to be borne by Council for call costs;

&

c)    A person pager and paging service;

&

d)    An additional telephone landline (if required) with rental and call costs to be paid by Council, but with a maximum of $200 per Councillor per month to be borne by Council for call costs.

 

The above mentioned “office equipment” to be updated periodically, as and when considered appropriate by the General Manager.

 

(xvi)    All equipment remains the property of Council and is returnable on a Councillor ceasing to hold office.  However, Councillors not seeking re-election, resigning or defeated at the Poll may request to retain/purchase these items.  The General Manager shall consider each request and determine an appropriate price, having regard to Council’s policy on disposal of “minor value” assets under the Disposal of Assets Policy and Procedures.

 

Payment for the purchase of the equipment must be made within 7 working days of the determined price being conveyed to the Councillor.

 

(xvii)   From within the Councillors’ Rooms in the Town Hall, access to external E-mail and internet facilities and internal E-mail with staff appearing on the

 

Councillor/Staff Liaison Listing (as periodically issued by the General Manager).  Further, Council will pay each Councillor up to $50 per month for expenses relating to the provision of internet facilities at their private residences, as arranged by them with their external internet provider.

 

(xviii)  Reimbursement for reasonable expenses incurred by a Councillor in attending functions if officially invited to functions/events representing the Council.

 

(xix)    Expenses of a Councillor’s spouse/partner and accompanying persons in the following circumstances:

 

a.       Where the reasonable expenses of the spouse/partner have been met by the Councillor; and

b.       The Councillor’s spouse/partner has been officially invited to and has accompanied the Councillor to a function/event; and

c.       The function relates to the discharge of the civic functions of the Councillor; and

d.       The attendance of the Councillor’s spouse/partner/accompanying person at the function(s) is considered reasonable necessary or appropriate in order for the Councillor to fulfil his/her statutory role (eg. Where the Councillor is hosting a reception, or the attendance of the Councillor and his/her spouse/partner/accompanying person as official guests at a local function to which guests are invited with their

respective spouses/partners/accompanying person and the Councillor is representing the Council at the function.

 

An accompanying person is a person who has a close personal relationship with the Councillor and/or provides carer support to the Councillor.

 

This reimbursement does not extend to functions where the attendance of the Councillor’s spouse, partner or accompanying person may be convenient, but could not be properly seen as relating to the discharge of functions of civic office (eg. Attendance at seminars, conferences and the like, with the exception of the Annual Conference of the Local Government Association).

 

The payment for spouses, partners and accompanying persons for attending appropriate functions (as detailed above) will be confined specifically to the ticket,

meal and/or the direct cost of attending the function.  Peripheral expenses incurred by spouse, partners or accompanying persons such as grooming, special clothing and transport are not considered reimbursable expenses.

 

Limited expenses of spouses, partners or accompanying persons associated with attendance at the Local Government Association’s annual conference will be met by Council.  These expenses are limited to the cost of registration and the official conference dinner.  Travel expenses, any additional accommodation expenses, and the cost of partner/accompanying person tours etc are the personal responsibility of individual Councillors. 

 

In all other circumstances, all costs, including any additional accommodation costs, must be met by the Councillor the spouse/partner/accompanying person.

 


PART 4 – PROVISION OF ADDITIONAL FACILITIES & SPECIFIC EXPENSES FOR THE MAYOR

 

The Mayor is entitled to receive:

 

(i)       A Mayoral Fee (Allowance) to be set by Council annually following determination by the Remuneration Tribunal.

 

(ii)      Full private use of the Council's Mayoral vehicle (which is fully serviced and maintained by Council) and including the provision of a fuel card for the Council vehicle.  Standard class vehicle shall be a Holden Senator (or similar class) sedan or equivalent, with conditions of use being generally in accordance with Council’s “Private Use Policy” for motor vehicles.

 

(iii)     An allotted car parking space at the Council premises.

 

(iv)     A mobile telephone (and car kit) with the rental and maintenance, to be paid by the Council, but with a limitation of $300 per month as the maximum call cost to be borne by the Council. 

 

(v)      Mayoral name badges.

 

(vi)     Chauffeur services when required on Council matters.

 

(vii)    Office accommodation at the Town Hall and standard business equipment.  The provision of a refreshment cabinet in the Mayor’s Office maintained and stocked by the Council within budgetary limits.

 

(viii)    Secretarial services provided from within Council.

 

(ix)     A copy of the Local Government Act and Regulations in the Mayor's Office.

 

(x)      Use of the Mayoral Robes and Mayoral Chain of Office while acting in the official capacity of Mayor.

 

(xi)     Reimbursement for reasonable expenses incurred by the Mayor in attending functions or performing duties in the role of Mayor.

 

(xii)     Expenses of the Mayor’s spouse/partner and accompanying persons in the following circumstances:

 

a.       Where the reasonable expenses of the spouse/partner have been met by the Mayor; and

b.       The Mayor’s spouse/partner/accompanying person has been officially invited to and has accompanied the Mayor to a function/event; and

c.       The function relates to the discharge of the civic and/or ceremonial functions of the Mayor; and

         

d.       The attendance of the Mayor’s spouse/partner/accompanying person at the function(s) is considered reasonable necessary or appropriate in order for the Mayor to fulfil his/her statutory role (eg. Where the Mayor is hosting a ball or reception, or the attendance of the Mayor and his/her spouse/partner/accompanying person as official guests at

a local function to which guests are invited with their respective spouses/partners/accompanying person.

An accompanying person is a person who has a close personal relationship with the Councillor and/or provides carer support to the Councillor.

 

This reimbursement does not extend to functions where the attendance of the Mayor’s spouse or partner may be convenient, but could not be properly seen as relating to the discharge of functions of civic office (eg. Attendance at seminars, conferences and the like, with the exception of the Annual Conference of the Local Government Association).

 

The payment for spouses, partners and accompanying persons for attending appropriate functions (as detailed above) will be confined specifically to the ticket, meal and/or the direct cost of attending the function.  Peripheral expenses incurred by spouse, partners or accompanying persons such as grooming, special clothing and transport are not considered reimbursable expenses.

 

(xiii)    All benefits provided to a Councillor.


PART 5 - PROVISION OF ADDITIONAL FACILITIES & SPECIFIC EXPENSES FOR DEPUTY MAYOR

 

The Deputy Mayor is entitled to receive:

 

(i)       A Deputy Mayoral Fee (Allowance) to be set by Council annually following determination by the Remuneration Tribunal.

 

(ii)      Deputy Mayoral name badges.

 

(iii)     A mobile telephone with the rental and maintenance to be paid by the Council, but with a limitation of $300 per month as the maximum call cost to be borne by the Council. 

 

(iv)     All benefits provided to a Councillor with the proviso that the Deputy Mayor will only be provided with one mobile phone and the total call costs will be in accordance with Part 4, Clause (iii) (above).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PART 6 - LIMITATION ON SPECIFIC EXPENSES FOR THE MAYOR AND COUNCILLORS

 

General travel arrangements

All travel by Councillors should be undertaken by utilising the most direct route and the most practicable and economical mode of transport subject to any personal medical considerations.

 

The driver of any vehicle (including the Mayor and Councillors) is personally responsible for all traffic and parking fines incurred while travelling in private or Council vehicles on Council business.

 

The reimbursement of travel expenses includes associated other costs such as parking and road tolls.


PART 7 – LEGAL ASSISTANCE

 

Council may disburse money only if the disbursement is authorised by the Local Government Act 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

 

In the particular circumstances outlined below, Council will indemnify or reimburse the reasonable legal expenses of:

 

a)  a Councillor defending an action arising from the performance in good faith of a function under the Local Government Act (section 731 refers); or

 

b)  a Councillor defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act; or

 

c)  a Councillor for proceedings before the Local Government Pecuniary Interest and Disciplinary Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the councillor.

 

Legal expenses incurred in relation to proceedings arising out of the performance by a Councillor of his or her functions under the Act should be distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his/her term in office. An example of the latter is expenses arising from an investigation as to whether a Councillor acted corruptly by using knowledge of a proposed rezoning for private gain.  This type of expense is not reimbursable under this policy

 

Council will not meet the costs of an action in defamation taken by a Councillor as plaintiff in any circumstances.

 

Council will not meet the costs of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.

 

How to apply for reimbursement of legal expenses

The application for reimbursement of legal expenses should be made in writing to the General Manager.

 

An application for reimbursement of legal expenses may be made at any time after the expenses have been incurred.  However, the decision as to whether to provide reimbursement will only occur once the investigative body has:

o   confirmed in writing that is has completed the investigation(s) or hearing(s) or, where a Report is to be prepared pursuant to the relevant legislation, published its Report; and

o   Confirmed in writing that no adverse finding or recommendation has been made with respect to you.

 

Note: “No adverse finding or recommendation” means no finding of corrupt conduct, maladministration or criminality (whichever is relevant given the relevant investigative body and the particular investigation or hearing being conducted.

 

Council will need to pass a resolution that it is satisfied the discharge of your relevant duty or function was “bona fide,” that is, in good faith or with an honest intent.

 

Where the General Manager is satisfied that your application has satisfied the other eligibility requirements, the General Manager will refer your application to Council for a determination as to whether it is satisfied your discharge of your duty (or duties) or exercise of your function (or functions) was “bona fide.”

 

Where Council is not satisfied of the above, Council should provide reasons for its determination.

 

Where Council resolves that it is satisfied of the “bona fide” discharge of your duties or exercise of your functions as set out above, the General Manager may make a final determination, as an operational matter, as to whether reimbursement of legal expenses should occur under the Policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


PART 8 - INSURANCE/INDEMNITY

 

Section 382 of the Local Government Act 1993 requires a Council to make arrangements for its adequate insurance against public liability and professional liability.

 

The Mayor and Councillors will be provided with full indemnity against any action, liability, claim or demand, arising from the bona fide performance of their responsibilities, with the exception of defamation claims where the availability and extent of an indemnity shall be determined by Council, in its absolute discretion, after the claim has been disposed of by a final judgement in proceedings, withdrawn, settlement or compromise of proceedings or otherwise as the case may be, having regard to all circumstances that Council, in its absolute discretion, considers relevant.

 

Insurance provision for Councillors includes:

 

-   Public liability (for matters arising out of Councillors’ performance of their civic duties and/or exercise of their Council functions;

-   Professional indemnity (for matter arising out of Councillors’ performance of their civic duties and/or exercise of their Council functions);

-   Personal injury while on Council business.  Note; Councillors are not covered by Workers Compensation payments or arrangements.

-   Travel insurance for approved interstate and overseas travel on Council business.

 

All insurances are subject to any limitations or conditions set out in the Council’s policy of insurance. 


PART 9 - CODE OF CONDUCT REQUIREMENTS

 

Council’s Code of Conduct contains the following provisions that are relevant to this Councillors’ Expenses & Facilities Policy:

 

Use of Council resources

 

9.14    You must use Council resources ethically, effectively, efficiently and carefully in the course of your public or professional duties, and must not use them for private purposes….unless this is lawfully authorised and proper payment is made where appropriate.

 

9.16    You must be scrupulous in your use of Council property including intellectual property, official services and facilities and should not permit their misuse by any other person or body.

 

9.17    You must avoid any action or situation which could create the impression that Council property, official services or public facilities are being improperly used for your own or any other person or body’s private benefit or gain.

 

9.18    The interests of a Councillor in their re-election is considered to be a personal interest and as such the reimbursement of travel expenses incurred on election matters is not appropriate.  Council letterhead, Council crests and other information that could give the impression it is official Council material must not be used for these purposes.

 

9.19    You must not convert any property of the Council to your own use unless properly authorised.

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPENDIX A

 


 

 

CLAIM FOR REIMBURSEMENT OF EXPENSES

BY COUNCILLORS

 

I hereby submit my claim for reimbursement of expenses in accordance with the provisions of the Local Government Act and Council’s Policy with respect to the Payment of Expenses & Provision of Facilities to Councillors.

 

 

Name of claimant:   Councillor………………… ……………………………….

 

Claim for reimbursement of expenses:

Date

Nature of Business

Nature of Claim

Amount claimed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Claim for reimbursement of travel expenses:

Date

 Nature of business (include where the travel was to/from & the purpose of the travel)

Method of travel

Distance in Kms

Rate/Km

Amount claimed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total amount claimed and/or tax invoices:                                           $

 

Please note: Receipts must be attached to this claim form in order

for reimbursement to be processed.

 

 

Signature:…………………………… ……………………………………………….

 

Date:………………………………………………..


Director, Governance & Financial Services' Report 11/2007

 

 

SUBJECT:

2006/2007 - BUDGET REVIEW AS AT 31 DECEMBER 2006

 

 

DATE:

31 January, 2007

FILE NO:

F2006/00689

 

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES   

 

 

INTRODUCTION:

 

Section 203 (1) of the Local Government (General) Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that indicates the latest estimates of income and expenditure for the 2005/2006 year.

 

The regulation (Section 203 (2)) also requires that the budget review statement must include, or be accompanied by:

 

i)   A report as to whether or not the responsible accounting officer believes that the Statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

 

ii)  If that position is unsatisfactory, recommendations for remedial action.

 

ISSUES:

 

This report is a review of the Council’s 2006/2007 current budget and recommends adoption of a revised budget for 2006/2007.

 

It proposes variations to Council’s adopted budget, which will result in a projected surplus at year end of $55,280.  Major variations to the budget are highlighted below.

 

FINANCIAL POSITION

$

 

 

Original projected deficit/(surplus)

NIL

 

 

Projected deficit/(surplus) as at 30 September 2006

(7,004)

 

 

Variations Proposed This Review

 

Increase in Expenditure

577,207

Decrease in Expenditure

(238,037)

Increase in Income

(404,446)

Decrease in Income

17,000

Total Variations This Review

(48,276)

 

 

Projected deficit/(surplus) as at 31 December 2006

(55,280)

 

Attachments 1 to 2 summarised Council’s Financial Performance, Source and Application of Funds and Council’s Financial Position.

 

Comments on all major variations are listed in the table below. Attachment 3 contains a schedule of all variations.

 

PROPOSED MAJOR BUDGET VARIATIONS

 

 

Increase / (Decrease) in Expenditure

(Increase) / Decrease in Income

 

 

 

INCREASE IN EXPENDITURE

 

 

 

 

 

1.         Goldstein Reserve Toilets Security Service

Provision of security service for the Goldstein Reserve Public Toilets. Will be partly funded from contribution by PDU.

15,000

 

2.         Mobile Telephones

Based on current expenditure and future projections, additional funds are required.

30,000

 

3.         Printing and Design

Additional expenditure required for all printing associated costs based on current & future trends.

30,000

 

4.         Employee Leave Entitlement Reserve (* a)

Transfer to ELE Reserve for leave liability

170,000

 

5.         Rent – Library

Increase in rent expenses as per lease.

15,707

 

6.         Plant Nursery Materials

Increase in expenditure for materials due to major landscaping projects for Yarra Bay and Malabar Headland.

14,000

 

7.         Building Services – Town Hall

Expenditure required for Heritage Architect and Design Fees for upgrade to Town Hall.

100,000

 

8.         Street Furniture Program (* b)

Additional funds required for street furniture program.

100,000

 

 

 

 

9.         Parks & Recreation – Contracts Other

Additional service fees being charged by J. C. Decaux & late invoice for additional services carried out 2005/2006.

32,500

 

10.      RCC Events - 150th Anniversary

Additional funds required for the RCC 150th anniversary as per Agreement with Author.

70,000

 

 

 

 

DECREASE IN EXPENDITURE

 

 

 

 

 

11.      Workers Compensation

Reduction in workers compensation premium as per projected adjustment calculation.

(213,443)

 

12.      Rent

Expenditure not required due to St Judes Church parking space no longer being available.

(4,594)

 

13.      Subscriptions, Publications & Newspapers

Expenditure not required due to revised internal audit requirements.

(20,000)

 

 

 

 

INCREASE IN INCOME

 

 

 

 

 

14.      Goldstein Reserve Toilets Security Service

Contribution from PDU for the provision of security services for the Goldstein Reserve Public Toilets.

 

(7,516)

15.      Bus Shelter Income

Additional Income from Bus Shelters.

 

(236,263)

16.      Legal Cost Recovery

Increase in income due to recovery of legal costs associated with s611 Telstra/Optus matter.

 

(92,196)

17.      Other Operating Revenue

Increased income due to rebate from American Express

 

(12,818)

18.      Community Development Subsidy

Recognition of DOCS subsidies originally not budgeted.

 

(55,653)

 

 

 

DECREASE IN INCOME

 

 

 

 

 

19.      Tree Application Fees

Decrease in income due to reduction in the number of applications.

 

17,000

 

(*a) A provision of $427,383 was transferred to the Employee Leave Entitlement Reserve to provide for the net movement in ELE liability in the 2006/2007 Budget. This movement is the estimated accrual for the 2006/2007 financial year less any payments for leave taken. As per adjusted estimates, an additional $170,000 is required to be transferred to this Reserve to account for the current liability which will meet the Auditors requirements.

 

(*b) Additional funds are required for street furniture program as per the following schedule of works:

·         Preparation of a development application for Bardon Park

·         Engagement of consultants to prepare floodlighting DA's for several parks including Heffron Park, Snape Park and Nagle Park.

·         Installation of 22 additional bus seats

 

 

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1:    Leadership in Sustainability

Direction 1c:  Long term financial viability is achieved.

 

FINANCIAL IMPACT STATEMENT:

 

The proposed variations listed in this report and in Attachment 3 will result in a projected surplus at year end of $55,280.

 

CONCLUSION:

 

Council’s Director Governance & Financial Services as the responsible accounting officer, advises that the projected financial position is satisfactory.

 

 

RECOMMENDATION:

 

That:

 

a)  the report in relation to the December 2006 budget review be received and noted; and

 

b)  the proposed December 2006 budget variations shown in Attachment 3 to this report be adopted.

 

ATTACHMENT/S:

UNDER SEPARATE COVER -

1. INCOME STATEMENT AND SOURCE & APPLICATION OF FUNDS

2. BALANCE SHEET

3. BUDGET VARIATIONS  

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES

 

 

 

 

 

 

 


MOTIONS PURSUANT TO NOTICE

 

12.1    Notice of Rescission Motion by Councillors Bastic, Procopiadis and White – Health, Building & Planning Committee - 13th February, 2007 - Item 6.7 – Development Application Report – 11 Liguria Street, Maroubra. (DA/514/2006 xr PROP004568)

 

That the resolution passed at the Health, Building and Planning Committee meeting held on Tuesday, 13th February, 2007, reading as follows:-

 

A.     Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/514/2006 for Alterations and new upper floor addition including new ground and first floor balconies and deck at the front and rear and new rear pool and landscaping at 11 Liguria Street, Maroubra subject to the following conditions:-

 

The following conditions are applied to satisfy the provisions of section 79C of the Environmental Planning and Assessment Act 1979 and to maintain reasonable levels of environmental amenity:

 

1.       The development must be implemented substantially in accordance with the plans numbered 06/0015-1B, 06/0015-2B, 06/0015-3B and 06/0015-4B, dated 18 November 2006, and received by Council on 4 December 2006, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

3.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

4.       There must be no encroachment of the structure/s onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

5.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

6.       The first floor bathroom and kitchen windows shall be of obscure glazing. Details of compliance are to be noted in the construction certificate plans or specifications.

 

7.       The rear first floor balcony shall be reduced in depth by 1m from the southern side of the structure so that it does not protrude further than 2.8m from the outside face of the rear first floor wall. The roof structure above the balcony shall be amended so that is setback from the southern side of the amended balcony by 1m. Details of compliance are to be noted in the construction certificate plans or specifications.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

8.       All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency.

 

9.       The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

10.     New external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

11.     New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

12.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

13.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

14.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

15.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA), in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

16.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

17.     Prior to the commencement of any building works, the person having the benefit of the development consent must: -

 

i)     appoint a Principal Certifying Authority for the building work; and

 

ii)     appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing; and

                                        

iii)    unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

iv)    give at least two days notice to the Council, in writing, of the persons intention to commence building works.

 

         In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

18.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the building inspections carried out and details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

19.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·                     name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable);

·                     name, address and telephone number of the Principal Certifying Authority; and

·                     a statement stating that “unauthorised entry to the work site is prohibited”.

 

20.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

21.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon and must also be provided to Council with the occupation certificate.

 

22.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of residential building work, a contract of insurance must be obtained and in force, in accordance with the provisions of the Home Building Act 1989.

 

Where the work is to be done by a licensed contractor, excavation or building work must not be carried out unless the Principal Certifying Authority (PCA): -

 

·                     has been informed in writing of the licensee’s name and contractor number; and

·                     is satisfied that the licensee has complied with the insurance requirements of Part 6 of the Home Building Act 1989, or

 

Where the work to be done by any other person (i.e. an owner-builder), excavation or building work must not be carried out unless the Principal Certifying Authority: -

 

·                     has been informed of the person’s name and owner-builder permit number; or

·                     has been given a declaration, signed by the owner of the land that states that the market cost of the labour and materials involved in the work does not exceed $5,000.

 

Details of the principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

23.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

24.     Smoke alarms are required to be installed in each Class 1 building or residential dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the Building Code of Australia – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans/specification for the construction certificate.

 

The following conditions are applied to ensure that the development satisfies relevant standards of construction, and to maintain adequate levels of health, safety and amenity during construction:

 

25.     The demolition, removal, storage, handling and disposal of building products and materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

 

·                     Occupational Health and Safety Act 2000

·                     Occupational Health and Safety (Hazardous Substances) Regulation 2001

·                     Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

·                     WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                     Australian Standard 2601 (2001) – Demolition of Structures

·                     The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·                     Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·                     Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

26.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

27.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like, is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

28.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

         

29.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

30.     Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

31.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing

 

Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

32.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

The public safety provisions and temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon a footpath or public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

33.     A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

·                     Install or erect any site fencing, hoardings or site structures

·                     Operate a crane or hoist goods or materials over a footpath or road

·                     Placement of a waste skip (grater than 3m in length) or any container or other article.

 

The following group of conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

34.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions are applied to maintain reasonable levels of public health, amenity and safety:

 

35.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·                 Occupational Health and Safety Act 2000

·                 Occupational Health and Safety (Hazardous Substances) Regulation 2001

·                 Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

·                 WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                 Australian Standard 2601 (2001) – Demolition of Structures

·                 The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·                 Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

36.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·                 The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·                 Details of hazardous materials, including asbestos

·                 Method/s of demolition and removal of asbestos

·                 Measures and processes to be implemented to ensure the health & safety of workers and community

·                 Measures to be implemented to minimise any airborne asbestos and dust

·                 Methods and location of disposal of any asbestos or other hazardous materials

·                 Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·                 Date the demolition and removal of asbestos will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

37.     A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

38.     On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

39.     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

40.     A Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

41.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

42.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitles “Policy Statement No. 9.4.1; Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitles “Cardio Pulmonary Resuscitation: published by the Australian Resuscitation Council.

 

43.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

·                     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

·                     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

·                     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

·                     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

o            before 8.00am or after 8.00pm on any Sunday or public holiday; or

o            before 7.00am or after 8.00pm on any other day.

 

The following conditions are applied to provide adequate provisions for access, transport and infrastructure:

 

44.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works". An application for the cost of the Council civil works is to be submitted to Council at the completion of the internal building works. An application fee shall be payable to Council for the quotation of the required works. The applicant may elect to use his contractor for the required works, subject to Council approval, however a design and supervision fee based on the lowest quotation from Council's nominated contractor will be required to be paid prior to the commencement of any works.

 

The following conditions are applied to provide adequate provisions for drainage and associated infrastructure:

 

45.     Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

46.     Stormwater runoff may be discharged through a private drainage easement(s) to the coastal reserve to the rear of the site, provided that:

 

a.  All stormwater runoff is taken through a sediment/silt arrestor pit located within the site prior to being discharged through the private drainage easement;

 

b.  A headwall and appropriate scour protection is provided around the outlet pipe in the reserve.

 

47.     Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with the above condition); and ground conditions preclude the use of infiltration, consideration may be given to the use of a pump out system.

 

Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the required discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

48.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

49.     The sediment/silt arrestor pit shall be constructed with:-

 

·                     The base of the pit located a minimum 300mm under the invert level of the outlet pipe.

·                     The pit must be constructed from cast in-situ concrete, precast concrete or double brick.

·                     The grate is to be a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·                     A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·                     A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar).

·                     A child proof and corrosion resistant fastening system for the access grate (spring loaded j-bolts or similar).

·                     The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

·                     A sign adjacent to this pit stating that:

 

“This sediment/silt arrester pit shall be regularly inspected and cleaned.”

 

Note: Sketch details of a standard sediment/silt arrester pit can be obtained from Council’s Drainage Engineer.

 

The following conditions are applied to provide adequate consideration for service authority assets:

 

50.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

The following conditions are applied to provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

51.     That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicants expense prior to the issue of a final Occupation Certificate.

 

52.     The naturestrip upon Council's footway shall be maintained by the applicant in accordance with Council guidelines. Such maintenance shall include, but not be limited to, watering, mowing, fertilising, and the removal of weeds.

 

ADVISORY MATTERS:

 

A1      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A2      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

In this regard, the development consent plans do not detail compliance with the deemed-to-satisfy provisions of the BCA.

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

You are therefore advised to ensure that the development is not inconsistent with Council's consent and to consult with Council’s Building Certification Services or an accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A3      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

BE AND IS HEREBY RESCINDED.

 

Upon the abovementioned Rescission Motion being carried, it is intended to move the following motion:-

 

That the recommendation be adopted subject to the deletion of condition 7.

 

12.2    Notice of Rescission Motion by Councillors Hughes, Matson and Woodsmith – Health, Building & Planning Committee - 13th February, 2007 - Item 6.7 – Development Application Report – 147 Avoca Street, Randwick. (DA/529/2005/A xr PROP022109)

 

That the resolution passed at the Health, Building and Planning Committee meeting held on Tuesday, 13th February, 2007, reading as follows:-

 

That Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 529/2005 on property 147 Avoca Street, Randwick, in the following manner:

 

Amend Condition No. 1 to read:

1.     The development must be implemented substantially in accordance with plans numbered DWG.N0-WD05 to DWG.N0-WD07, DWG.N0-WD09 & DWG.N0-WD10, Issue D, dated 31 January 2005 and received by Council on 29 June 2005 and amended plan numbered DWG.N0-WD13, Issue A, dated 24 October 2005 and received by Council on 4 November 2005, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered DWG. N0-WD110, DWG. N0-WD111, DWG. N0-WD117, dated 31 January 2005, DWG. N0-WD120, dated 24 October 2005 and DWG. N0-WD142, dated 9 June 2006 and received by Council on 8 September 2006, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Amend Condition 7 to read:

7.     Video surveillance devices must be installed in the first floor outdoor area and ground floor smoking area with monitors placed within the Hotel to ensure the staff can effectively supervise activities on the outdoor area.

 

Amend Condition 8 to read:

8.     A member of staff must be stationed on or near the first floor outdoor area and ground floor smoking area whenever there are more than 10 persons on it to ensure that they do not cause disturbance to amenity of the locality.

 

Condition 9 is deleted.

 

Condition 11 is deleted.

 

Amend Condition 12 to read:

12.    All seating and tables provided to the first floor outdoor area shall comply with the provisions of the Building Code of Australia.

 

 

Amend Condition 13 to read:

13.              A maximum number of 60 patrons is permitted on the first floor outdoor area between 10:00am and 12 midnight Monday to Sunday and a maximum number of 10 patrons is permitted on the first floor outdoor area between 12 midnight and 10:00am Monday to Saturday. The maximum number of 40 patrons is permitted on the ground floor smoking area at any time. 

 

Amend condition 14 to read:

14.    The entry/exit doors to the ground floor smoking area and first floor outdoor area shall remain closed at all times other than in cases of emergency or entering and exiting the area.

 

Amend Condition 15 to read:

15.    The entry/exit doors to the ground floor smoking area and first floor outdoor area shall be provided with acoustically treated seals, designed and installed by a suitably qualified person.

 

Amend Condition 16 to read:

16.    The entry/exit doors to the ground floor smoking area and first floor outdoor area shall be fitted with self-closing devices.

 

Condition 17 is deleted.

 

Amend Condition 23 to read:

23.    The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

 

Amend Condition 24 to read:

24.    Recommended acoustic attenuation measures detailed in acoustic reports titled ‘Acoustic Assessment – Proposed Refurbishment Coach & Horses’ dated 26th August 2005, ‘ Provision of Mechanical Plant Upgrading Coach & Horses’ dated 4th October 2005, ‘ Acoustic Assessment -  Proposed Smoking Area Coach & Horses Hotel, Randwick’ dated 26 September 2005 shall be fully complied with. Details of acoustic design compliance shall be submitted to the certifying authority prior to a construction certificate being issued.

 

Amend Condition 25 to read:

25.    A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council:

 

i.     1 month after occupation of the premises;

ii.    6 months after occupation of the premises.

 

which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Industrial Noise Policy Noise Control Manual (sleep disturbance) recommended design noise goals detailed in acoustic reports by the Acoustic Group Titled ‘ Acoustic Assessment – Proposed Refurbishment Coach & Horses’ dated 26th August 2005, ‘ Provision of Mechanical Plant Upgrading Coach & Horses’ dated 4th October 2005, ‘ Acoustic Assessment -  Proposed Smoking Area Coach & Horses Hotel, Randwick’ dated 26 September 2005 and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

Add the following Conditions:

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

74.    The smoking area at ground floor level and the bar, pool/snooker table and outdoor areas at first floor level are permitted to operate between:

 

Monday to Saturday: 24 hours a day.

Sunday:  10.00 am to 12 Midnight.         

 

75.    That no amplified speakers for music or similar are permitted in the ground floor smoking area and first floor outdoor area.

 

76.    The proposed door from the gaming area to Alison Road shall be kept closed between 10.00pm and 8.00am except in cases of emergency use.

 

The following conditions are applied to ensure that the development complies with the Crime Prevention Guidelines of the New South Wales Environmental Planning and Assessment Act 1979 and the Safer by Design Crime Risk Evaluation undertaken by the NSW Police Force:

 

77.    Mirrors or mirrored tiles shall be fitted to the corners outside the lift foyers within the car park areas to enable staff and patrons to view activities around the corners, reducing concealment and entrapment opportunities.

 

78.    Lighting in and around the hotel should meet Australian and New Zealand Lighting Standards and be commensurate with a moderate crime risk. Lighting objectives relevant to crime and fear reduction are outlined in Australian lighting standard AS 1158. This and other standards specify the types and quantities of lighting that can be used in different applications.

 

79.    The existing surveillance system should be expanded to enhance the physical security of the hotel and assist in the identification of people involved in anti-social or criminal behaviour. The system should also comply with the Surveillance and Privacy requirements of legislation.

 

80.    Additional cameras should be installed in the hotel to maximise surveillance opportunities. One or more cameras should be strategically mounted in the following areas:

 

·                     Outside the cashiers office to monitor the entry point and customer service area.

·                     At the rear of the cashier’s office to monitor customers in of the counter.

·                     On the external courtyards to monitor activities within these area.

 

81.    Digital or analogue technology should be used to record images from these cameras. Recording equipment should be installed away from the counter area to avoid tampering. Videotapes need to be replaced quarterly to maintain quality images.

 

82.    The external wall of the club may be the target of malicious damage offences, graffiti artists. With this in mind the wall area from ground to the first floor level should be constructed or non porous materials or treated with anti graffiti materials to reduce opportunities for this type of activity.

 

83.    Signs providing directional information should not be located at decision making points and not near concealment points.

 

84.    Access control measures should be used to restrict, channel and encourage people, and motor vehicles throughout the facility. Access control should be used to increase the time and effort required to commit crime and to increase the risk to criminals. With this in mind strong consideration should be given to the installation of an access control system (code or card operated locksets) into the overall security plan for the proposed development to control the movement of people within the facility. This type of system can provide an audit trail of those who has used the area at anytime and also make it easier to remove people access to certain areas by simply recoding or removing the card access.

 

85.    Fire exit doors to the hotel needs to be of reasonable construction and fitted with quality locking devices which comply with the Building Code of Australia (fire regulations) and Australian Standards - Lock Sets. AS:4145. This Standard is intended for use when assessing the security and durability of a lockset. Locksets for use in fire doors, egress doors and emergency exits are subject to further requirements or regulations in the interests of personal safety. Other documents which should be consulted are AS:1428, General requirements for access – Building, AS:1905, Fire resistant door sets and the Building Code of Australia for specific purpose doors in buildings.

 

86.    There does not appear to be any access control behind the bar areas. With this in mind a door or gate fitted with a quality lock set which comply with the Building Code of Australia (fire regulations) and Australian Standards Lock Sets AS:4145 should be installed to restrict access behind the counter area, access to money and alcohol.

 

87.    The cash handling area should be designed to the Australian Standard for Safes & Strongrooms, Australian Standards - Safes & Vaults AS:3809:1998. This Standard is used to determine the extent or requirements of security features of the premises with the proviso that, depending upon the criminal, the conditions at the place of the crime and the availability of tools, considerably longer times are likely to occur in real burglary attacks.

 

88.    The door to this office should be of solid construction and fitted with quality locking devices which comply with the Building Code of Australia (fire regulations) and Australian Standards – Lock Sets. AS:4145. Further consideration should also be given to the installation of a door viewing device to enable staff to identify visitors prior to admitting them to the office.

 

89.    The doors to external courtyard and additional door at Alison Road should be of solid construction and fitted with quality locking devices which comply with the Building Code of Australia (fire regulations) and Australia Standards - Lock Sets. AS:4145.

 

90.    The existing monitored intruder alarm system designed and installed to the Australian Standard Intruder alarm systems – Systems installed in client’s premises; AS:2001:1998; which specifies the minimum requirements for the construction, installation, operation and maintenance of intruder alarm equipment and installed systems. It applies to intruder alarm systems suitable for private premises, commercial premises and special installations, and provides guidance for the preparation of a maintenance contract between a client and an alarm company should be expanded to the proposed development areas to enhance the physical security of the hotel.

 

91.    Detectors should be incorporated into the systems design. The light emitting diodes (LEDs) (red lights) within the detectors should be deactivated, to avoid offenders being able to test the range of the system.

 

92.    Duress facilities should be incorporated into the system design to enable staff to activate the system manually in the event of an emergency, such as a robbery. NB Duress devices should only be used when it is safe to do so. Devices should be considered for the front reception desk, cashiers office, counting room and secure room.